State trials of Mary, Queen of Scots, Sir Walter Raleigh, and Captain William Kidd. Condensed and copied from the state trials of Francis Hargrave, esq., London, 1776, and of T. B. Howell ... London, 1816, with explanatory notes

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1

REESE LIBRARY

OF IHK

UNIVERSITY OF CALIFORNIA.

Clais No.

STATE TEIALS

OF

MART, QUEEN OF SCOTS,

SIR WALTER RALEIGH, and

CAPTAIN WILLIAM KIDD.

CONDENSED AND COPIED FROM THE STATE TRIALS

OF FRANCIS HARGRAVE, ESQ., LONDON, 1776, AND

OF T. B. HOWELL, ESQ., F. R. S., F. S. A., LON-

DON, 1816, WITH EXPLANATORY NOTES.

CHARLES EDWARD LLOYD, f^^w^-^- "

{ ^^iyS'A3lTy

CHICAGO:

CALLAGHAN AND COMPANY.

1899.

^trS^

Copyright, 1899,

BY

CALLAGHAN AND COMPANY.

STATE JOURNAL PRINTING COMPANY^

Printers ajtd Stereotypers,

madison, wis.

To the Honorable Jeter C PRirCHATtp, United States Sena-
tor, and to the Honorable James R Boyd, Assistant Attorney-
General of the United States, to whose kindness I am indebted
for the privilege of reading the State Trials, Newgate Calen-
dars and copies of English manuscripts, from which the follow-
ing court records are taken, this volume is respectfully and
gratefuUy dedicated by Charles Edward Lloyd.

PREFACE.

The first edition of the "State Trials," contained in four
volumes folio, was published in 1719. The compiler was Mr.
Salmon. It began with the trial of William Thorp for heresy,
in the eighth year of the reign of Henry IV., and ended with
that of Dr. Sacheverell, near the end of Queen Anne's reign.

A second edition appeared in 1730. New matter was added
which increased the size to six volumes. The editor was Mr.
Emlyn. The preface to this edition is remarkable. Extracts
from it, commenting on the language of Sir Edward Coke, will
be found in notes in the trial of Sir Walter Raleigh in this vol-
ume. Mr. Emlyn was the editor of Sir Matthew Hale's " His-
tory of the Pleas of the Crown."

In 1742 a third edition was issued.

In 1760 two additional volumes appeared which brought the
date of the State Trials to the year 1760.

The fourth edition, edited by Francis Hargrave, Esquire,
contained ten volumes. It was issued in 1775. The eleventh
or supplemental volume to this fourth edition by Mr. Hargrave
was published in 1781.

A complete collection of " State Trials and proceedings for
high treason and other crimes and misdemeanors from the
earliest period to the year 1783," compiled by T. B. Howell,
Esquire, F. R. S., F. S. A., including the matter contained in
the folio edition of Mr. Hargrave, was issued in twenty-one
volumes in 1816. This collection is of inestimable value. It
contains extracts from the Hardwicke Papers, copies of manu-

VI PREFACE.

scripts from the Bodleian Library, the British Museum, etc.,
that cannot fail to interest, not only lawyers, but - cultured
people throughout the world.

This handy volume, the first of a series, contains the State
Trials of Mary, Queen of Scots, Sir Walter Raleigh, and Captain
William Badd, condensed and copied from the State Trials of
Hargrave and HowelL The original text is closely followed
except when it is necessary to avoid useless repetitions. Brief
notes and literal translations are given when necessary.

The publication of this series places these valuable and in-
teresting old English legal classics in the hands of the masses.

Charles Edward Lloyd.

CONTENTS.

Dedication .••. iii

Preface v

Proceedings Against Mary, Queen of Scots ... 1
Indictment of the Duke of Norfolk, outlining original

plot 3

Proceedings at Fotheringay Castle by the Commis-
sioners appointed by Queen Elizabeth .... 11

Proceedings in the Star Chamber 25

Proceedings in Parliament 27

Commission for the execution of the Queen of Scots 41

Queen Elizabeth's letter to Sir Amias Powlet ... 44

Queen Mary's execution 45

Queen Elizabeth's letter to James of Scotland . . 52

Arrest and trial of Sir William Davison .... 53
Sir William Davison's letter to Sir Francis Walsing-

ham 57

Trial of Sir Walter Ealeigh 61

Indictment of Sir Walter Raleigh 65

Jury of knights, esquires and gentlemen chosen . . 67
Attorney-General Sir Edward Coke defines various

treasons, etc 72

Attorney-General Coke loses his temper and has to be

persuaded to continue the trial 109

Attorney-General Coke's language becomes insulting

to Sir Walter Raleigh 112

Verdict of the jury 114

Lord Chief Justice Popham addresses the prisoner

and pronounces the judgment 115

Sir Walter Raleigh is pardoned, and goes on the Gui-
ana expedition 117

He returns, is arrested and imprisoned 118

Vlll CONTENTS.

Trial of Sir Walter Raleigh (continued) —

Lord Chief Justice Coke issues writ of habeas corpus,

and grants execution 119

Sir Walter Raleigh's letter to the king 121

Sir Walter Raleigh's letter to his wife ..... 123

Execution 126

Captain William Kidd Before the Bab of the House

OF Commons 127

Proclamation of King William IIL against pirates . 129
Trial of Captain William Kidd at the Old Bailey for

murder and piracy 131

First indictment for murder 138

Trial of Captain William Kidd and nine of his crew

for piracy and robbery on the Quedagh Merchant 168
Commission of reprisals upon the French from King

William III. to Captain Kidd 306

Commission for cruising against pirates from King

William III. to Captain Kidd 209

Verdict 334

Third indictment for piracy 235

Fourth indictment for piracy 337

Fifth indictment for piracy 339

Sixth indictment for piracy 340

Verdict 246

Sentence 246

Extract from Newgate Calendar giving account of

Captain Kidd 247

Execution 253

Appendix 355

STATE TRIALS.

MARY, QUEEN OF SCOTS.

"Proceedings against Mary, Queen of Scots,'*
at Fotheringay Castle in 1586, "for being con-
cerned in the conspiracy against Queen Elizabeth,"
will be better understood by being introduced with
the indictment of Thomas Howard, Duke of Nor-
folk, the most illustrious "conspirator" who was
tried for high treason at Westminster, 1571. This
state paper shows substantially what the entire
plot was, and suggests what the indictment of
Queen Mary would have been if she could have
been tried by jury. As she remarked, "England
contains no jury of my peers." The details of her
trial are given under the headline "Proceedings."
The formal arraignment of the Duke of Norfolk
was the first overt act in a series of events intended
to compass her death.

Twenty- four Lords of the Realm assembled on
a large scaffold prepared in Westminster Hall,
about a foot distant from the Chancery Court, to
1

2 MARY, QUEEN OF SCOTS.

try the Duke of Norfolk. A copy of the Latin in-
dictment is in the British Museum. The transla-
tion is as follows:

MIDDLESEX.

The Jiiry present and say, in behalf of our lady the queen.
That Thomas duke of Norfolk, late of Remming-hall in the
county of Norfolk, as a false traitor against the most illus-
trious and Christian princess Elizabeth, queen of England,
France, and Ireland, defender of the faith, &c. and his sover-
eign lady, not having the fear of God in his heart, nor v^'eigh-
ing his due allegiance, but seduced by the instigation of the
Devil, conti'ary to that cordial affection and bounden duty that
true and faithful subjects of our said lady the queen do bear,
and of right ought to bear, towards our said lady the queen;
and intending to cut off and destroy the said queen Elizabeth,
the 22d day of Sept. in the 11th year of the reign of our said
sovereign lady queen Elizabeth, and divers other days and
times before and after, at the Charter-House in the county of
Middlesex, hath falsely, maliciously and traitorously conspired,
imagined and gone about not only to deprive, depose, and cast
cut the said queen, his sovereign lady, from her royal dignity,
title, power, and government of her kingdom of England; but,
also to bring about and compass the death and final destruc-
tion of our said sovereign lady the queen, and to make and
raise Sedition in the said kingdom of England, and to spread a
miserable Civil War amongst the subjects of our said lady the
queen, and to prociu'e and make an Insurrection and Rebellion
against our said lady the queen, his supreme and natural lady;
and so to make public war within the realm of England con-
trary to our said lady the queen, and the government of her
said kingdom, and to endeavor a change and alteration of the
sincere worship of God, well and religiously established in the
said kingdom; and also totally to subvert and destroy the
whole constitution of the said state, so happily instituted and
ordained in all its parts, with divers aliens and foreigners, not
the subjects of our said lady the queen, hostilely to invade the
said kingdom of England, and to make cruel war against our
said lady the queen and her dominions. And for tlie compass-
ing and bi'inging to pass all the said wicked and notorious

MARY, QUEEN OF SCOTS. 3

treasons, imaginations, and intentions proposed as aforesaid,
he the said Thomas duke of Norfolk, well and truly knew and
understood, that Mary, late queen of Scots, liad laid claim and
pretended a title and interest to the pi-esent possession and
dignity of the imperial crown of this kingdom of England;
well and truly knowing and understanding, that the aforesaid
Mary, late queen of Scots, had falsely, wickedly, and unjustly
said and affirmed, That our aforesaid lady, queen Elizabeth,
had no right and title to the crown of this realm of England:
And also well and truly knowing and vmderstanding, that the
aforesaid Mary, late queen of Scots, had falsely, wickedly, and
unjustly usurped the stile, title, and regal name of this king- /
dom of England; and that she, the aforesaid Maiy late queen /
of Scots, had impaled and joined the arms of the kingdom of V
England with the arms of the kingdom of Scotland, as well in
her seals and plate as other things without any difference and
distinction. And furthermore, well and truly knowing and
understanding that the said Maiy, late queen of Scots, had not
revoked or renounced her wicked and unjust claims and usur-
pations aforesaid, the 23d day of Sept. in the 11th year of our
said lady, now queen of England, and divers other days and
places before and after the said time, at the Charter-House
aforesaid, ^in the county of Middlesex aforesaid, falsely, sub-
tlely and traitorously sought and endeavoured, without the as-
sent, consent or agreement of the aforesaid our lady queen
Elizabeth, his supreme and sovereign lady, to be joined in mar-
riage with the aforesaid Mary, late queen of Scots. And for
this reason and cause he the said duke aforesaid, the 23rd day
of Sept. in the 11th year aforesaid, and divers other days and
places before and after, at Charter-House aforesaid in the
county of Middlesex aforesaid, falsely, subtlely and traitor-
ously writ divers letters to the aforesaid Mary, late queen of
Scots; and as well as letters, sent several pledges or tokens to
the aforesaid Mary, late queen of Scots, the 23rd day of Sept.
aforesaid, in the year aforesaid, and divers other days and
times before and after. And also on the said 23rd day of Sept.
in the 11th year of the reign of the said qiieen Elizabeth, and
divers other days and places before and after, at Charter-
house aforesaid, in the covmty of Middlesex aforesaid, falsely,
subtlely, and traitorously gave to, and accommodated the said

4 MARY, QUEEN OF SCOTS.

Mary, late queen of Scots, with divers sums of money; which
the said Mary, late queen of Scots, falsely and traitorously had
and received of him the said Thomas duke of Norfolk, the 23rd
day of Sept. aforesaid, in the year aforesaid, at Charter-house
aforesaid, in the county of Middlesex aforesaid ; notwithstand-
ing the aforesaid duke had been distinctly and especially for-
bid and prohibited by the aforesaid lady queen Elizabeth, upon
his allegiance, that he should upon no account whatsoever
hold Correspondence, or treat with the aforesaid Mary late
queen of Scots, concerning Marriage with her the said Mary
late queen of Scots; and notwithstanding the aforesaid duke,
by divers letters and insti'umeuts wi-it with his own hand to
the said lady queen Elizabeth, his supreme sovereign lady,
publicly denied and renounced the aforesaid Marriage, protest-
ing that he the said duke was never engaged, or had proceeded
in the said Marriage.

And also said Jurors, upon their corporal oaths, further pre-
sent and say, That Thomas earl of Northumberland, late of
Topcliffe in the county of York, and Anne his wife; Charles
earl of Westmoreland, late of Branspeth in the county of Dur-
ham; Richard Norton, late of Norton Comers in the county of
York; Thomas Markenfield late of Markenfield in the said
covmty, esquires; together with several other false Traitors,
rebels, and public enemies of our said lady queen Elizabeth,
not having the fear of God before their eyes, nor considering
their due allegiance, but seduced by the instigation of the devil,
imagined, devised, and conspired to deprive and depose the said
lady queen Elizabeth from her royal dignity, title, and power
of her kingdom of England ; and also to bring about and com-
pass the death and final destruction of the said lady queen
Elizabeth, with the intention and design to complete and ful-
fil all their traitorous conspiracies and devices, on the 16th
day of Nov. in the 11th year of the reign of the said queen, at
Rippon in the said county of York; by their own consent and
appointment, they did falsely and traitorously meet and as-
semble themselves together, with a great multitude of people
to the number of 4,000 men and more, ready armed and pre-
pared for open war against their said queen Elizabeth, their
supreme and sovereign lady, at Rippon aforesaid, the 16th day
of Nov. aforesaid, in the year aforesaid, falsely and traitorously

MARY, QUEEN OF SCOTS. 5

they were ready prepared and armed to execute all and singu-
lar the treasons and conspiracies aforesaid, of the said Thomas
earl of Northumberland and Anne his "U'ife, Charles earl of
Westmoreland, Richard Norton, and Thomas Markenfield, with
many others of the said false traitors and rebels aforesaid, by
due form of law legally indicted, and afterwards upon that
legally outlawed and attainted, as they now stand upon record
in her said majesty's court of queen's-bench.

And after the perpetration and commission of the aforesaid
wicked treasons, in manner aforesaid by them committed, the
aforesaid Tho. earl of Northumberland, and Anne his wife;
Charles earl of Westmoreland, R. Norton, and Thomas Marken-
field ; with many other false traitors and rebels aforesaid, the
20th day of Dec. in the 12th year of the reign of our said sov-
ereign lady the queen, for those Treasons fled out of this king-
dom into the kingdom of Scotland ; and there resided, and were
received, aided and assisted by several noblemen, and other
great men of the said kingdom of Scotland, viz, by James duke
of Chastelleroy, the earl of Huntley, Mr. Harris, Mr. Hume, and
Mr. Firmherst, and other Scots, then subjects of the said king-
dom of Scotland, detained from our said lady queen Elizabeth,
in and towards which noblemen, and other great men of the
aforesaid kingdom of Scotland, the said lady queen Elizabeth
afterwards proclaimed, and caused war to be made upon the
said rebels, as public enemies to her kingdom of England, by
Tho. earl of Sussex, her majesty's lord lieutenant, and lieuten-
ant-general of the north, with a powerful and strong army to
oppose the enemy. Upon which account, Charles earl of West-
moreland, Anne, wife of Thomas earl of Northumberland, Rd.
Norton, and Tho. Markenfield, fled from the aforesaid kingdom
of Scotland, and transported themselves to Antwerp in Bra-
bant, where they resided. And there the same Charles earl of
Westmoreland, Anne wife of the said Tho. earl of Northum-
berland, Rd. Norton, and Tho. Markenfield, contrary to their
due allegiance, staid in manifest contempt of the said queen
and her laws. Yet the aforesaid Thomas duke of Norfolk, not
ignorant of the premises, but well and truly knowing all and
singular the transactions in manner and form aforesaid, the
6th day of August, in the 12th year of the reign of the said
queen Elizabeth, at Charter-House aforesaid, in the county of

6 MARY, QUEEN OP SCOTS.

Middlesex aforesaid, and divers other days and places afore
and after, falsely and traitorously took care, and caused to be
sent, delivered and disti'ibuted, several sums of money, to aid,
assist, and support the aforesaid Charles earl of Westmoreland,
and Anne wife of Tho. earl of Northumberland.

And further, That the said duke of Norfolk, the 16th day of
July, in the 13th year of the reign of the said lady Elizabeth,
queen of England, at Charter-House aforesaid, in the county of
Middlesex aforesaid, and divers other days and places afore
and after, falsely and traitorously adhered to, aided and assisted
James duke of Chastelleroy, earl of Huntley, Mr. Harris, Mr.
Hume, Mr. Burleigh, and Mr. Firniherst, public enemies to our
said lady Elizabeth, then queen of England.

And further, the Jurors aforesaid, upon their oaths, present
and say, That whereas Pius Quintus, sometime bishop of Rome,
was and is known to be a deadly and public enemy to our said
lady queen Eliz. and her kingdom of England ; that the said
Tho. duke of Norfolk well and truly knowing and understand-
ing this, the 10th day of March, in the loth year of the reign of
the said lady queen Eliz. at Charter-House aforesaid, in the
county of Middlesex aforesaid, and divers otlier days and jalaces
afore and after, with intention to produce the said traitorous
effects, falsely, subtlely, and traitorously consented, consulted,
advised, and procured one Robert Ridolph, a foreign merchant
beyond the seas, and out of the kingdom of England, to send
to the aforesaid bishop of Rome, to Philip king of Spain, and
to the duke of Alva, to obtain of the aforesaid bishop of Rome
certain sums of money, towards the raising and maintaining
of an army to invade this kingdom of England, and to make
war in the said kingdom, against the aforesaid lady Elizabeth,
queen of England, &c. And that the said king of Spain, by
the mediation of the said duke of Alva, did send into this king-
dom of England a certain army of Germans to invade and make
open and cruel war against the said lady queen Elizabeth,

And also that the same Thomas duke of Norfolk, the same
10th day of March, in the said 13th year of the reign of the said
lady queen Eliz. aforesaid, and divers other days and places
afore and after, at Charter-House aforesaid, in the county of
Middlesex aforesaid, falsely, wickedly, and traitorously con-
spired, consented, and agreed with the aforesaid Robert Ri-

MARY, QUEEN OF SCOTS. 7

dolph, to advance, stir up, and raise within this kingdom of
England, all the forces and power that he the aforesaid Thomas
duke of Norfolk and his confederates were by any means ca-
pable of raising, or engaging others to raise witliin this kingdom
of England, to join with the aforesaid army, and with other sub-
jects of this kingdom of England, whom the said duke of Norfolk
could gather together and join with the said army by the said
king of Spain, in order to make open war against our said lady
queen Elizabeth, within this her kingdom of England; and to
take away and free Maiy, late queen of Scots, out of the cus-
tody and possession of our said lady Elizabeth queen of Eng-
land; and at the same time to deprive, depose, and eject the
most illustrious and Christian princess queen Elizabeth, from,
her royal dignity, title, jjower, preheminence, and government
of this kingdom of England : and at the same time, him the
said Thomas duke of Noi-folk, to join himself in marriage with
the aforesaid Mary, late queen of Scots.

And further, the Jvirors upon their oaths present and say,
That the aforesaid Robert Ridolph had writ and composed three
distinct and separate Letters of credit, in the name of the afore-
said Thomas duke of Norfolk, for him the said Robert Ridolph,
in his false, wicked and treasonous messages aforesaid; viz, one
of those letters to the aforesaid duke of Alva, another to the
aforesaid bishop of Rome, and a third to the aforesaid Philij)
king of Spain. That afterwards the same Thomas duke of
Norfolk falsely and traitorously intending, willing, and desir-
ing success and effect from the aforesaid false and traitorous
messages, by the aforesaid Robert Ridolph, as appeareth by his
sending one Wm. Baker gent, one of the servants of the said
Thomas duke of Norfolk, the 20th, day of March in the 13th
year of the reign of the queen, at Cliarter-House aforesaid, in
the county of ISIiddlesex aforesaid, falsely and traitorously sent
to Guerrawe Despeis, embassador of the said Philip king of
Spain, to declare, shew, and affirm to the aforesaid ambassador
of the aforesaid Philip king of Spain, that he the said Thomas
duke of Norfolk had affirmed and would affirm the aforesaid
credential letters to the aforesaid duke of Alva, the bishop of
Rome, and Philip king of Spain composed and writ in his name,
were as valid to all intents and purposes, as if he the said
Thomas duke of Norfolk had writ them with his own hand.

8 MARY, QUEEN OF SCOTS.

And furtlier, the said Jurors upon their oaths present and
say, That the aforesaid Robert Ridolph, the 24th day of March,
in tlie 13th year of the reign of the said lady Eliz. queen of
England aforesaid, at Dover, in the county of Kent, took his
journey to several parts beyond the seas, in order to execute,
perfect, and complete the said treasonable messages, with the
consent and agreement of the aforesaid Thomas duke of Nor-
folk. And afterwards the aforesaid Robert Ridolph conveyed,
declared, and communicated the said wicked and traitorous
messages in foreign countries and parts beyond the sea, as well
to the aforesaid duke of Alva as to the aforesaid bishop of Rome.
And that the aforesaid Robert Ridolph, amongst his many other
false and traitorous Messages, conveyed one Letter in unusual
characters called Cyphers, which the aforesaid duke of Alva
caused to be writ and sent to Thomas duke of Norfolk ; which
very letter, as declared to be writ and sent, he the said duke of
Norfolk, the 18th day of April, in the 13th year of the reign of
the said queen Eliz. aforesaid, at Charter-House aforesaid, in
the county of Middlesex aforesaid, falsely and traitorously re-
ceived and had; and then and there gave and delivered to the
aforesaid Wm. Baker his servant several written pages in
known letters, commonly to be deciphered : and the said Pa-
pers in common and known ciphers or characters he the said
duke afterwards on the 25th day of April, in the 13th year of
the reign of the said queen Eliz. at Charter-House aforesaid, in
the county of Middlesex aforesaid, falsely and traitorously re-
ceived, inspected and read over the said papers, and then and
there falsely and traitorously retained and kept them. By
which letters of the said Robert Ridolph to him the said
Thomas duke of Norfolk, amongst other things, are signified
and he makes known what a kind audience and reception he
the said Robert met with from the aforesaid duke of Alva in
his wicked and traitorous messages aforesaid. And that the
said duke of Alva required and willed the friends and abettors
of the said confederacy to be ready, whensoever a foreign
power should be sent into this kingdom of England.

And furthermore, the same Jurors upon their oaths present
and say. That the said Thomas duke of Norfolk, the 16th day
of June, in the 13th year of the reign of the said lady queen
Elizabeth, at Charter-House aforesaid, in the county of Mid-

MARY, QUEEN OP SCOTS. £>

dlesex aforesaid, falsely and traitorously received a Letter
directed to him the said duke, from Pius Quintus bishop of
Eome; by which the said bishop of Rome promised to the said
duke of Norfolk, aid, help, and assistance towards executing
the said wicked and traitorous designs of the aforesaid Mary,
late queen of Scots, contrary to their due allegiance, and the
peace of our sovereign lady Elizabeth, now queen of England,
her crown and dignity, and in manifest contempt of the laws
of this kingdom, as well as the worst and most pernicious ex-
ample of all other delinquents in the like case, and conti'ary to
the form of several statutes in this case made and provided.

To this indictment, after some argument be-
tween Sir Robert Catlin, then Lord Chief Justice
of England, Sir James Dyer, Lord Chief Justice
of the Common Pleas, and the Duke of Norfolk^,
the prisoner pleaded "Not Guilty."

The Duke was his own attorney, conducted his
case with singular ability, but was convicted of
High Treason, and sentenced to be "hung, cut
down quickly, and while yet alive the body to be
quartered." This sentence was commuted, and
the 2d of June, 15Y2, he was beheaded on a scaf-
fold on Tower-hill. He died with great courage
amidst a vast crowd of sympathizing spectators.
There was much dissatisfaction throughout Eng-
land at his undeserved fate. Mary, Queen of Scots,
was more closely confined, but "Proceedings" to
compass her execution for the plots outlined in
the "Indictment" quoted above did not assume
official shape until 1586. During the fourteen in-
tervening years, Anthony Babington and a great
many other men were condemned and executed

10 MARY, QUEEN OF SCOTS.

for similar conspiracies against the life and crown
of Queen Elizabeth. The central figure in every
trial was the unfortunate Mary, Queen of Scots,
who throughout her long period of confinement
showed at times a shrewdness and diplomacy
which are not in keeping with a number of un-
wise acts, one of which no doubt sealed her doom.
This was a most insulting letter from her to Queen
Elizabeth, in which she accuses Elizabeth of inor-
dinate vanity and the grossest immoralities. This
letter was translated for this volume, but it con-
tains language which should not be repeated in a
book of this character. It throws no light on the
*' Proceedings." It proves that both Queens had
glaring faults, and makes them appear in bold
contrast to the venerable and universally vener-
ated Queen and Empress who now rules both the
kingdoms, then torn by internal dissensions on
account of the frivolity, vulgarity and ambition
of two noted women in the history of the world.
Through the connivance of Queen Elizabeth and
some of her more pliable courtiers, an "Associa-
tion " for the Queen's safety, and to avenge her
death, was formed by the "people of England"
which, though " entered into voluntarily " at first,
was confirmed and established by statute in 1585.
The following year a "Commission" was issued,
founded on said statute, for the "Examination
and Trial " of Mary, Queen of Scots.

MARY, QUEEN OF SCOTS. 11

Proceedings at Fotheringat-Castle.

The Commissioners appointed by Queen Elizabeth
■were :

John, Archbishop of Canterbury,

Sir Thomas Bromley, Chancellor of England,

William, lord Burghley, Lord Treasurer of England,

William, lord marquis of Winchester,

Edward, earl of Oxford, great chamberlain of Eng-
land,

George, earl of Shrewsbury, earl marshal of England,

Henry, earl of Kent,

Henry, earl of Derby,

William, earl of Worcester,

Edward, earl of Rutland,

Ambrose, earl of Warwick,

Henry, earl of Pembroke,

Robert, earl of Leicester,

Henry, earl of Lincoln,

Anthony, viscount Montague,

Charles, lord Howard, great admiral of England,

Henry, lord Hunsdon,

Henry, lord Abergavenny,

Edward, lord Zouch,

Edward, lord Morley,

William, lord Cobham,

Edward, lord Stafford,

Arthur, lord Grey of Wilton,

John, lord Lumley,

John, lord Sturton,

William, lord Sandes,

Henry, lord Wentworth,

12 MARY, QUEEN OF SCOTS.,

Lewis, lord Mordant,

John, lord St. John of Bletsho,

Thomas, lord Buckhurst,

Henry, lord Compton,

Henry, lord Chesney,

Sir Francis Knolles,

Sir James a Crofts,

Sir Christopher Hatton,

Sir Francis Walsingham,

William Davison, Esq.,

Sir Ralph Sadler,

Sir Walter Mildmay,

Sir Amias Powlet,

John Wolley, (secretary for the Latin tongue)

Sir Christopher Wray,

Sir Edmund Anderson,

Sir Roger Manwood,

Sir Thomas Gawdy,

Justice William Periam.

The most part of these Commissioners came the 11th
of Oct. to Fotheringay-castle in the county of North-
ampton, seated upon the bank of the river Nen, where
the queen of Scots was then kept. The next day the
commissioners sent to her sir Walter Mildmay, Powlet,
and Edward Barker, a publick notary: who delivered
into her hands queen Elizabeth's Letter; which when
she had read, she, with a countenance composed to
royal dignity, and with a mind untroubled, said, " It
grieveth me that the queen, my most dear sister, is mis-
informed of me; and that I, having been so many years

MARY, QUEEN OF SCOTS. 13

straitly kept in prison, and grown lame of my limbs, liave
lien neglected, after I have offered so many reasonal)le
conditions for my liberty. Though I have thoroughly
forewarned her of many dangers, yet hath no credit
been given unto me, but I have been always contemned,
though most nearly allied unto her in blood. When
the Association was entered in, and the Act of Parlia-
ment thereupon made, I foresaw that whatsoever dan-
ger should happen either from foreign princes abroad,
or from ill-disposed people at home, or for religion's
sake, I must bear the whole blame, having many mortal
enemies in the court. Certainly I might take it hardly,
and not without cause, that a Confederacy hath been
made with my son without my knowledge: but such
matters I omit. As for this Letter, it seemeth strange
to me, that the queen should command me as a subject,
to appear personally in judgment. [l am an absolute
queen, and will do nothing which may prejudice either
mine own royal majesty, or other princes of my place
and rank, or my son. My mind is not yet dejected,
neither will I sink under my calamity. I refer myself
to those things, which I have protested before Bromley,
now chancellor, and the lord La- Ware. The laws and
statutes of England are to me most unknown; I am '
destitute of counsellors, and who shall be my peers I
am utterly ignorant. My Papers and Notes are taken
from me, and no man dareth step forth to be my ad-
vocate. I am clear from all crime against the queen, •
I have excited no man against her, and I am not
to be charged but by my own word or writing, which
cannot be produced against me. Yet can I not deny

14 MARY, QUEEN OP SCOTS.

but I have commended myself and my Cause to foreign
princes.'VJ

The next day there returned unto her in the name of
the Commissioners, Powlet and Barker, who shewed
unto her this Answer drawn in Writing, and asked her,
whether she would persist in the same. When she had
heard it distinctly read, she commended it as rightly
and truly conceivecL and said, she would persist therein.
But, this, said she,[j' I have forgotten, which I would
have to be added thereunto : Whereas the queen hath
written, that I am subject to the laws of England, and
to be judged by them, because I have lived under the
protection of them; I answer, that I came into England
to crave aid, and ever since have been detained in Prison,
and could not enjoy the protection or benefit of the
laws of England; na}^ I could never yet understand
from any man, what manner of laws those were.'^

In the afternoon came unto her certain selected per-
sons from amongst the Commissioners, with men learned
in the civil and canon-law. But the Lord Chancellor
and the Lord Treasurer declared their authority by pat-
ent, and showed that neither her imprisonment, nor her
prerogative of royal majesty could exempt her from
answering in this kingdom; with fair words advising
her to hear what matters were to be objected against
her: otherwise they threatened, that by authority of
law, they both could and would proceed against her,
though she were absent. She answered. That she was
no subject, and rather would she die a thousand deaths,
than acknowledge herself a subject, considering, that by
such an acknowledgment, she should both prejudice the

MARY, QUEEN OF SCOTS. 15^

height of regal majesty, and withal confess herself to
be bound by all the laws of England, even in matter of
religion: nevertheless she was read}' to answer to all
things in a free and full parliament, for that she knew
not whether this meeting and assembly were appointed
against her, being already condemned by forejudgings,
to give some shew and colour of a just and legal pro-
ceeding. She warned them therefore to look to their
consciences, and to remember, that\tiie theatre of the-
whole world is much wider than the kingdom of Eng-
landij She began then to complain of injuries done
unto her: and the Lord Treasurer interrupting her,
began to reckon up queen Elizabeth's kindnesses towards-
her, namely, that she had punished some, which im-
pugned the claim she laid to England, and had been a
means to keep her from being condemned by the estates
of the realm, for the marriage sought with the duke of
Norfolk, for the rebellion in the north, and for other
matters. All which when she seemed little to esteem,
they returned back.

Within few hours after, they delivered unto her, bj
the hands of Powlet and the Solicitor, the chief points
of their Commission, and the names of the Commission-
ers, that she might see, that they were to proceed ac-
cording to equity and right, and not by any cunning
point of law, and extraordinary course. She took no
Exceptions against the Commissioners, but most sharply
excepted against the late law, upon which the authority
of their commission wholly depended; as that it was
unjust, devised of purpose against her, that it was with-
out example, and such whereuuto she would never sub-

16 MARY, QUEEN OF SCOTS.

Ject herself. She asked, by what law they would pro-
«ceed: If by the civil or canon-law, then said she,
interpreters are to be fetched from Pavia, or Poictiers,
and other foreign universities; for in England none are
to be found that are meet. She added also, That it was
manifest, by plain words in the queen's Letters, That
she was already forejudged to be guilty of the crime,
though unheard; and therefore there was no reason why
she should appear before them: and she required to be
satisfied touching some scruples in the said Letters,
which she had for herself noted confusedly, and by
snatches, severally by themselves, but would not deliver
them written out; for it stood not, said she, with her
i-oyal dignity, to play the scrivener.

Touching this matter, the said selected Commissioners
went unto her again, to whom she signified, that she
did not well understand what those words meant, ' see-
ing she is under the queen's protection.' The Lord
Chancellor answered. That this was plain to every one
of understanding, yet was it not for subjects to inter-
pret what the queen's meaning was, neither were they
made commissioners for that end. Then she required
to have her protestation shewed and allowed, which she
had formerly made. It was answered, that it never
had been, nor now was to be allowed, for that it was
prejudicial to the crown of England. She asked. By
what authority they would proceed? It was answered,
by authority of their Commission, and by the common
law of England.

But, said she. Ye make laws at your pleasure, where-
tinto I have no reason to submit myself, considering

MARY, QUEEN OF SCOTS. 17

that the English in times past refused to submit them-
selves to the Law Salique of France: and if they would
proceed by the common law of England, they should
produce precedents and cases, forasmuch as that law
consisteth much of cases and custom; and if by the
canon law, none else ought to interpret the same, but
the makers thereof. It was answered, That they would
proceed neither by the Civil nor Canon Law, but by the
Common Law of England: that it might nevertheless
be proved by the civil and canon law, that she ought
to appear before them, if she would not refuse to hear
it. And indeed she refused not to hear it, but, as she
said, by way of Interlocution, not Judicially.

From hence she fell into other speeches. That she had
intended nothing to the destruction of the queen; that
she had been incensed with injuries and indignities;
that she should be a stone of offence to others, if she
were so unworthily handled: that by Naw she had of-
fered her best means for revoking the bishop of Rome's
Bull; that she would have defended her innocency by
letter, but it was not allowed her; and finally, that all
the ofiices of kindness, which she had tendered these
twenty years, were rejected. Thus while she wandered
far in these digressions, they called her back again, and
prayed her to speak plainly, whether she would answer
before the commissioners. She replied, That the au-
thority of their delegation was founded upon a late law
made to entrap her; that she could not away with the
queen's laws, which she had good reason to suspect;
that she was still full of good courage, and would not
offend against her progenitors the kings of Scots, by
2

18 MARY, QUEEN OP SCOTS.

acknowledging herself a subject to the crown of Eng-
land: for this were nothing else but to profess them
openly to have been rebels and traitors. Yet she re-
fused not to answer, so as she might not be reduced to
the rank of a subject : But she had rather perish utterly
than to answer as a criminal person.

Whereunto Hatton, Vice-Chamberlain to queen Eliza-
beth, answered: You are accused (but not condemned)
to have conspired the Destruction of our lady and queen
anointed. You say you are a queen: be it so. But in
such a crime the royal dignity is not exempted from
answering, neither by the Civil nor Canon Law, nor by
the Law of nations, nor of nature. For if such kind of
offences might be committed without punishment, all
justice would stagger, yea, fall to the ground. If you
be innocent, you wrong your reputation in avoiding a
Trial. You protest yourself to be innocent, but queen
Elizabeth thinketh otherwise, and that neither without
grief and sorrow for the same. To examine therefore
your innocency, she hath appointed for Commissioners
most honourable, prudent and upright men, who are
ready to hear you according to equity with favour, and
will rejoice with all their hearts, if you shall clear your-
self of this crime. Believe me, the queen herself will
be much affected with joy, who affirmed unto me at
my coming from her, that never any thing befel her
more grievous, than that you were charged with such a
crime. Wherefore lay aside the bootless privilege of
royal dignity, which can now be of no use unto you,
appear in judgment, and shew your innocency ,'lest by
avoiding Trial, you draw upon yourself suspicion, and

MARY, QUEEN OP SCOTS. 19

lay upon your reputation an eternal blot and asper-
sion.

" I refuse not (said slie) to answer in a full parliament
before the estates of the realm lawfully assembled, so as
I may be declared the next to the succession; yea, be-
fore the queen and council, so as my protestation may
be admitted, and I may be acknowledged the next of kin
to the queen. To the judgment of mine adversaries,
amongst whom I know all defence of mine innocency
will be barred, flatly, I will not submit myself."

The Lord Chancellor asked her, whether she would
answer, if her Protestation were admitted? " I will
never (said she) submit myself to the late law men-
tioned in the Commission."

Hereupon the Lord Treasurer answered: "We, not-
withstanding, will proceed to-morrow in the Cause,
though you be absent and continue contumax."

" Search (said she) your consciences, look to your
honour, God reward you and yours for your Judgment
against me."

On the morrow, which was the 14th of the month, she
sent for certain of the Commissioners, and prayed them,
that her protestation might be admitted and allowed.
The Lord Treasurer asked her. Whether she would ap-
pear to her Trial, if her Protestation were only received
and put in writing, without allowance. She yielded at
length, yet with much ado, and with an ill-will, lest she
should seem (as she said) to derogate from her predeces-
sors or successors; but was very desirous to purge her-
self of the crime objected against her, being persuaded
by Hatton's reasons, which she had weighed with ad-
"visement.

20 MARY, QUEEN OF SCOTS.

Soon after, the Commissioners which were present,
assembled themselves, in the Presence-Cham ber. At
the upper end of the Chamber was placed a Chair of es-
tate for the queen of England, under a cloth of estate.
Over-against it, below and more remote, near the tran-
som or beam that ran cross the room, stood a chair for
the queen of Scots. At the walls on both sides, were
placed benches, upon which sate, on the one side, the
Lord Chancellor of England, Lord Treasurer of Eng-
land, the earls of Oxford, Kent, Derby, Worcester, Rut-
land, Cumberland, Warwick, Pembroke, Lincoln, and
the lord viscount Montacute; on the other side, the bar-
ons of Abergavenny, Zouch, Morley, Stafford, Grey,
Lumley, Sturton, Sandes, Wentworth, Mordant, St.
John of Bletsho, Compton, and Cheiney. Nigh unto
these sate the knights of the Privy-Council, sir James
a Croftes, sir Christopher Hatton, sir Francis Walsing-
ham, sir Ralph Sadleir, sir Walter Mildmay, and sir
Amias Powlet. Forward, before the earls, sate the two
Chief Justices, and the Chief Baron of the Exchequer:
and on the other side two barons, the other Justices,
Dale and Ford, doctors of the Civil-Law; and at a little
table in the midst sate Popham the queen's Attorney,
Egerton the Solicitor, Gaudy the queen's Serjeant at
Law, the Clerk of the Crown, and two Writers.

When she was come, and had settled herself in her
seat, after silence proclaimed, Bromley Lord Chancellor
turning to her, spake briefly to this effect: "The most
high and mighty queen Elizabeth, being not without
great grief of mind advertised, that you have conspired
the Destruction of her and of England, and the Subver-

MARY, QUEEN OF SCOTS. 21

sion of Religion, hath, out of her office and duty, lest
she might seem to have neglected God, herself and her
people, and out of no malice at all, appointed these com-
missioners, to hear the matters which shall be objected
unto you, and how you can clear yourself of them, and
make known your innocency."

She rising up, said, That she came into England to
crave aid, which had been promised her, and yet was she
detained ever since in prison. \She protested, that she
was no subject of the queen's, but had been and was a
free and absolute queen, and not to be constrained to
appear before commissioners, or any other Judge what-
soever, for any cause whatsoever, save before God alone
the highest Judge, lest she should prejudice her own
royal majesty, the king of Scots her son, her successors,
or other absolute princes. But, that she now appeared
personally, to the end to refute the crimes objected
against her. And hereof she prayed her own attendants
to bear witness. J

The Lord Chancellor, not acknowledging that any
Aid had been promised her, answered, That this Protes-
tation was in vain, for that whosoever (of what place
and degree soever he were) should offend against the
laws of England, in England, was subject unto the same
laws, and by the late act might be examined and tried;
the said Protestation therefore made in prejudice of the
laws and queen of England, was not to be admitted.
The Commissioners nevertheless commanded, that as
well her Protestation, as the Lord Chancellor's Answer,
should be recorded.

Then after the Commission was openly read, which

22 MARY, QUEEN OP SCOTS.

was grounded upon the Act already often mentioned,
she stoutly opposed her Protestation against the said
Act, as enacted directly and purposely against her, and
herein she appealed to their consciences.

When Answer was made by the Lord Treasurer, that
every person in this kingdom was bound even by the
latest laws, and that she ought not to speak against the
laws: and that the Commissioners would judge, accord-
ing to that law, what Protestations or Appellations so-
ever she interposed, she said at length, that she was ready
to hear and answer touching any fact whatsoever against
the queen of England.

Gawdy now opened the law from point to point, af-
firming, that she had offended against the same; and
hereupon he made an historical discourse of Babington's
Conspiracy, and concluded. That she knew of it, ap-
proved it, assented unto it, promised her assistance, and
shewed the way and means.

She answered with stout courage. That she knew not
Babington, that she never received any Letters from
him, nor wrote any to him; that she never plotted the
destruction of the queen, and that to prove the same,
her Subscription «nder her own hand was to be pro-
duced; that for her part she never so much as heard
speak thereof; that she knew not Ballard,^ nor ever re-

1 Anthony Babington, Chidiock Titchburne, Thomas Salis-
bury, Robert Barnewell, Jolin Savage, Henry Donn and John
Ballard were tried at Westminster, September 13 and 14, A. D.
1586, for High Treason. Ballard was a priest, and was the first
one himg on the gallows erected on St. Giles' Fields where they
were executed.

MARY, QUEEN OF SCOTS. 2S

lieved him; but she understood from some that the
catholics in England took many things very hardly, and
hereof she herself had advertised the queen by Letters,
and besought her to take pity on them; that many also,
which were to her utterly unknown, had offered her their
help and assistance, yet had she excited no man to com-
mit any offense; and being shut up in prison, she could
neither know nor hinder what they attempted.

Hereupon it was urged out of Babington's Confession,
that there had been intercourse by Letters betwixt her
and Babington. She confessed that there had passed
Conference by Letters betwixt her and many men, yet
could it not thereby be gathered that she was privy to
all their wicked counsels. She required that her own
Subscription, under her hand, might be produced; and
asked, what hurt it were, if she redemanded the Letters,
which had been kept from her almost a whole year?
Then were read the Copies of Letters between her and
Babington, wherein the whole Conspiracy was set
down.

She listened attentively to the reading of these
letters, two of which were signed by her name.
She protested that she had neither written nor re-
ceived them. She admitted that she "had done
her best endeavor for the recovery of her liberty,"
and had solicited her friends to deliver her, that
she desired to relieve the persecutions of the Cath-
olics in England and elsewhere, but declared she
" would not purchase the kingdom with the death
of the meanest man of the common people, much

24 MARY, QUEEN OF SCOTS.

less of the queen." She earnestly protested her
innocence, and *' withal she shed plenty of tears."
She accused Walsingham openly of practicing
against her life and that of her son. He denied
this. She accepted his denial, and told him he
should give no better credit to the slanders he
had heard about her. Weeping, she affirmed, "I
would never make shipwreck of my soul by con-
spiring the destruction of my dearest sister " (Queen
Ehzabeth). It was answered by the lawyers that
this should soon be disproved by testimony. The
Commissioners adjourned until the afternoon.
When they re -assembled letters were produced
from Charles Paget and various others and the tes-
timony of her former secretaries, Naw and Curie,
to the effect that she had received and answered
these letters. She said these men were no fit wit-
nesses against her, denounced Naw as a man who
might be made to do anything through hope of
reward or fear, and said Curie, though an honest
man, was merely a pliable tool in Naw's hands.
She said Naw had frequently written other than
he had been commanded to write, and utterly re-
pudiated their alleged testimony. She finally said:
" But now all my hope in England being desper-
ate, I am fully resolved not to reject foreign aid."
She demanded that she should be heard in full
Parliament, and bore herself with great dignity
and confidence. The Commissioners gained no
point in this hearing. The record then gives:

MARY, QUEEN OF SCOTS. 25-

Pkoceedings in the Stae Chamber.'

These things being done, the assembly was prorogued
to the 25th of October, at the Star-Chamber at West-
minster. Thus far touching this matter out of the
Commentaries of Edward Barker, principal Register to
the queen's majesty; Thomas Wheeler, public Notary,
Register of the Audience of Canterbury; and other
credible persons which were present.

The said 25th day of October, all the Commissioners
met, saving the earls of Shrewsbury and Warwick,
which were both of them sick at that time; and after
Naw and Curie ^ had by oath, viva voce^ voluntarily with-
out hope of reward, before them avowedly affirmed and
confirmed all and every the Letters, and Copies of Let-
ters, before produced, to be most true; Sentence was
pronounced against the queen of Scots, and confirmed
with the seals and subscriptions of the Commissioners,
and recorded in these words: "By their joint assent
and consent, they do pronounce and deliver their Sen-
tence and Judgment, at the day and place last recited;
and say. That after the end of the aforesaid session of
parliament, in the Commission aforesaid specified, namely
after the aforesaid 1st day of June, in the 27th j'^ear
abovesaid, and before the date of the same Commis-

1 The Star Chamber was an English court of ancient origin.
It was abolished during tlie reign of Charles I. Lord Coke at-
tributed the name to the fact that the court sat in the old
Council Chamber of the Palace at Westminster, the ceiling of
which was ornamented with gilded stars. Sir Wm. Blackstone
thought it was so called because of its proximity to the chests
containing the Jewish contracts called "starrs."

2 Former secretaries to Queen Mary.

26 MARY, QUEEN OF SCOTS.

sion, divers matters have been compassed and imagined
within this realm of England, by Anthony Babington
and others, cum scientia, in English with the privity,
of the said Mary, pretending title to the crown of this
realm of England tending to the hurt, death and de-
struction of the royal person of our said lady the queen.
And namely, That after the aforesaid 1st day of June,
in the 27th year abovesaid, and before the date of the
Commission aforesaid, the aforesaid Mary pretending
title to the crown of this realm of England, hath com-
passed and imagined within this realm of England di-
vers matters tending to the hurt, death and destruction
of the royal person of our sovereign lady the queen,
contrary to the form of the statute in the Commission
aforesaid specified."

Concerning this Sentence, which depended wholly
upon the credit of the Secretaries, and they not brought
forth face to face, according to the first Act of the 13th
year of queen Elizabeth, much talk there was, and divers
Speeches ran abroad; while some thought them credible
persons, and some unworthy to be credited. I have
seen Naw's Apology to King James, written in the year
1605; wherein laboriously protesting, he excuseth him-
self, that he was neither author, nor persuader, nor the
first revealer of the Plot that was undertaken, nor failed
of his duty through negligence, or want of foresight;
yea, that this day he stoutly impugned the chief points
of accusation against his lady and mistress: which not-
withstanding appeareth not by Records. But the same
day was there a Declaration made by the Commission-
ers and Judges of the land, That the said Sentence did

MARY, QUEEN OF SCOTS. 2T

derogate nothing from James king of Scots, in title or
honour, but that he was in the same place, degree and
right, as if the same sentence had never been pro-
nounced.

PEOCEEDI]SrGS IN PARLIAMENT.

Some few days after, a Parliament was holden at
Westminster, begun by virtue of a certain poAver of
vice-gerency, granted by the queen to the abp. of Can-
terbury, the Lord Treasurer, and the earl of Derby, and
that not without precedent. In which Parliament the
Proscription of the lord Paget, Charles Paget, sir Fran-
cis Englefield, Francis Throckmorton, Anthony Bab-
ington, Thomas Salisbury, Edward Jones, Chidiock
Titchbourne, Charles Tilney, and the rest of the Con-
spirators, was confirmed, and their goods and posses-
sions confiscate. The estates also of the realm, which
had by their voices approved and confirmed the Sen-
tence given against the queen of Scots, did with joint
assent put up a Supplication to the queen by the hands
of the lord chancellor, as follows:

' May it please your most excellent majesty, our most
gracious sovereign, we your humble, loving and faith-
ful subjects, the Lords and Commons in this present
Parliament assembled, having of long time to our in-
tolerable grief seen by how manifold most dangerous
and execrable practices, Mary the daughter and heir of
James V , late king of Scots, dowager of France, and
commonly called Queen of Scots, hath compassed the
Destruction of your majesty's sacred and most royal
person, in whose safety (next under God) our chief and
only felicity doth consist; and thereby not only to be-

28 MARY, QUEEN OF SCOTS.

reave us of the sincere and true Religion of Almighty
God, bringing us and this noble crown back again into
the thraldom of the Romish tyranny, but also utterly
to ruinate and overthrow the hapi)y State and Common-
weal of this most noble realm; which being from time
to time by the great mercy and providence of God, and
your highness's singular wisdom, foreseen and prevented,
your majesty of your exceeding great clemency and
princely magnanimity hath either most graciouslj'
passed over, or with singular favour tolerated, although
often and instantly moved by your most loving and
faithful subjects to the contrary, in times of your Par-
liaments, and at many other times; and hath also pro-
tected and defended the said Scotish queen from those
great dangers which her own people, for certain detest-
able crimes and offences to her imputed, had determined
against her: all which notwithstanding, the same queen
was nothing moved with these and many other your
majesty's most gracious favours towards her; but rather
obdurate in malice, and by hope of continual impunity
imboldened to prosecute her cruel and mischievous de-
termination by some speedy and violent course; and
now lately a very dangerous Plot being conceived and
set down by Anthony Babington and others, That
six desperate and wicked persons should undertake that
wicked and most horrible enterprize, to take away j^our
majesty's life, (whom God of his infinite mercy long
preserve) she did not only give her advice and direction
upon every point, and all circumstances concerning the
same, make earnest request to have it performed with
all diligence, but did also promise assurance of large re-
ward and recompence to the doers thereof; which being

MARY, QUEEN OF SCOTS. 29

informed to your majesty, it pleased your highness,
upon the earnest suit of such as tendered the safety of
your royal person, and the good and quiet state of this
realm, to direct your Commission under the great seal
of England, to the lords and others of your highness's
privy council, and certain other lords of parliament of
the greatest and most ancient degree, with some of your
principal judges, to examine, hear and determine the
same cause, and thereupon to give Sentence of Judg-
ment according to a statute in that behalf, made in the
27th 3"ear of your most gracious reign : by virtue whereof,
the more part of the same Commissioners, being in num-
ber 36, having at sundry times fully heard what was
alleged and proved against the said Scotish queen in
her own presence, touching the said Crimes and Offences,
and what she could say for her Defence and Excuse
therein, did after long deliberation give their Sentence
and judgment with one consent, that the Death and
Destruction of your royal person was imagined and
compassed by the said Anthony Babington, with the
privity of the same Scotish queen : and that she herself
did also compass and imagine the death and destruction
of your most royal person. Now for as much as we
your majesty's most humble, loyal and dutiful subjects,
representing unto your most excellent majesty the uni-
versal state of your whole people of all degrees in this
your realm, do well perceive, and are fully satisfied,
that the same Sentence and Judgment is in all things
most honourable, just and lawful; and having care-
fully and effectually, according to our most bounden
duties, weighed and considered upon what ground and
cause so many traitorous complots, and dangerous

30 MARY, QUEEN OF SCOTS.

practices against your most royal person and estate,
and for the invading of this realm, have for the space
of many years past grown and proceeded, do certainly
find, and are undoubtedly persuaded that all the same
have been from time to time attempted and practised,
hy and from the Scotish queen, and by her confed-
erates, ministers and favourers, who conceive an as-
sured hope to achieve speedily by your majesty's un-
timely death that which they have long expected, and
whereof during your life (which God long preserve to
our inestimable comfort) they despair; to wit, to place
her the said Scotish queen in the imperial and kingly
seat of this realm, and by her to banish and destroy the
professors and professing of the true Religion of Jesus
Christ, and the ancient nobility of this land, and to
bring this whole state and commonweal to foreign sub-
jection, and utter ruin and confusion: which their ma-
licious and traitorous purpose they will never cease to
prosecute by all possible means they can, so long as
they may have their eyes and imaginations fixed upon
that lady, the only ground of their treasonable hope and
conceits, and the only seed-plot of all dangerous and
traitorous devices and practices against your sacred per-
son. And seeing also what insolent boldness is grown
in the heart of the same queen, through your majestj^'s
former exceeding favours and clemencies towards her;
and thereupon weighing with heavy and sorrowful
hearts, in what continual peril of such like desperate
conspiracies and practices your majesty's most royal and
sacred person and life (more dear unto us than our own) is
and shall be still, without any possible means to prevent
it, so long as the Scotish queen shall be sufl'ered to con-

MARY, QUEEN OF SCOTS. 31

tiniie, aad shall not receive that due punishment, which
by justice, and the laws of this your realm, she hath so
often and so many ways for her most wicked and detest-
able offences deserved: Therefore, and for that we find,
that if the said lady should now escape the due and de-
served punishment of Death for these her most execrable-
Treasons and Offences, your highnesses royal person
shall be exposed unto many more, and those more secret
and dangerous Conspiracies than before, and such as
shall not or cannot be foreseen, or discovered, as these-
ber late attempts have been; and shall not hereafter be-
so well able to remove or take away the ground and
occasion of the same, as now by justice may or ought
to be done: We do most humbly beseech your most ex-
cellent majesty, that as well in respect of the continu-
ance of the true religion now professed amongst us, and
of the safety of your most royal person and estate, as in
regard of the preservation and defence of us your most
loving, dutiful and faithful subjects, and the whole com-
monweal of this realm; it may please your highness tcv
take speedy order, That declaration of the same sentence
and judgment be made and published by proclamation,
and that thereupon direction be given for further pro-
ceedings against the said Scotish queen, according to
the effect and true meaning of the said statute : Because
upon advised and great consultation, we cannot find that
there is any possible means to provide for 3'our majesty 's
safety, but by the just and speedy execution of the said
queen, the neglecting whereof may procure the heavy
displeasure and punishment of Almighty God, as by
sundry severe examples of his great justice in that be-
half left us in the sacred scriptures doth appear. And

S2 MARY, QUEEN OP SCOTS.

if the same be not put in present execution, we your
■most loving and dutiful subjects shall thereby (so far as
man's reason can reach) be brought into utter despair
of the continuance amongst us of the true religion of
Almighty God, and of your majesty's life, and the safety
of all your faithful subjects, and the good estate of this
■most flourishing commonweal.'

The Queen, with great majesty of countenance and
Toice, answered to this purpose: " So many and so great
are the bottomless graces, and immeasurable benefits be-
stowed upon me by the Almighty, that I must not only
>most humbly acknowledge them as benefits, but admire
"them as miracles, being in no sort able to express them.
And though there liveth not any that may more justly
.acknowledge himself bound to God than I, whose life
he hath miraculously preserved from so many dangers,
jet am I not more deeply bound to give him thanks for
any one thing, than for this which I will now tell you,
and which I account as a miracle: Namely, that as I
•came to the crown with the most hearty good-will of
.all my subjects, so now after 28 j'^ears reign, I perceive
in them the same, if not greater good- will toAvards me;
which if I once lose, well might I breathe, but never
think I lived. And now though my life hath been dan-
gerously shot at, yet I protest there is nothing hath
more grieved me, than that one not differing from me
in sex, of like rank and degree, of the same stock, and
most nearly allied unto me in blood, hath fallen into so
great a crime. And so far have I been from bearing her
any ill-will, that upon the discovery of certain treason-
able practices against me, I wrote unto her secretly, that
if she would confess them by a private letter unto my-

MARY, QUEEN OP SCOTS. 33

self, they should be wrapped up in silence. Neither did
I write thus in mind to entrap her, for I knew then as
much as she could confess. And even yet, though the
matter become thus far, if she would truly repent, and
no man would undertake her cause against me, and if
my life alone depended hereupon, and not the safety and
welfare of my whole people, I would (I protest unfeign-
edly) most willingly pardon her. Nay if England might
by my death attain a more flourishing estate, and a bet-
ter prince, I would most gladly lay down my life: For,
for your sakes it is, and for my people's, that I desire to
live. As for me, I see no such great cause why I should
either be fond to live, or fear to die. I have had good
experience of this world, and I know what it is to be a
subject, and what to be a sovereign. Good neighbours
I have had, and I have met with bad; and in trust I
have found treason. I have bestowed benefits upon ill
deservers; and where I have done well, have been ill re-
quited. While I call to mind these things past, behold
things present, and expect things to come, I hold them
happiest that go hence soonest. Nevertheless against
such mischiefs as these, I put on a better courage than
is common to my sex, so as whatsoever befall me, death
shall not take me unprepared. — And as touching these
Treasons, I will not so prejudicate myself, or the laws of
my kingdom, as not but to think that she having been
the contriver of the same treasons, was bound and liable
to the ancient laws, though the late act had never been
made; which notwithstanding was no ways made to
prejudice her. So far was it from being made to entrap
her, that it was rather intended to forewarn and terrify
her from attempting anything against it. But seeing
3

34 MARY, QUEEN OF SCOTS.

it was now in force of a law, I thought good to proceed
against her according to the same. But you lawyers are
so curious in scanning the nice points of the law, and
following of precedents and form, rather than expound-
ing the laws themselves, that by exact observing of your
form, she must have been indicted in Staffordshire, and
have holden up her hand at the bar, and have been tried
by a jury of twelve men. A proper course forsooth of
trial against a princess! To avoid therefore such ab-
surdities, I thought it better to refer the examination
of so weighty a cause to a good number of the noblest
personages of the land, and the judges of the realm; and
all little enough. For we princes are set as it were upon
stages, in the sight and view of all the world. The least
spot is soon spied in our garments, a blemish quickly
noted in our doings. It behoveth us therefore to be
careful that our proceedings be just and honourable.
But I must tell you one thing, that by this last act of
parliament you have brought me to a narrow streight,
that I must give order for her death, which is a princess
most nearly allied unto me in blood, and whose practices
against me have stricken me into so great grief, that I
have been glad to absent myself from this parliament,
lest I should increase my sorrow by hearing it spoken
of, and not out of fear of any danger, as some think.
But yet I will now tell you a secret (though it is well
known that I have the property to keep counsel) : It is
not long since these eyes of mine saw and read an oath,
wherein some bound themselves to kill me within a
month: hereby I see your danger in me, which I will
be very careful to avoid. — Your Association for my
safety I have not forgotten, which I never so much as

MAKY, QUEEN OF SCOTS. 36

thoiiglit of, till a great number of liands, witli many ob-
ligations, were shewed me; which as I do acknowledge
as a strong argument of your true hearts, and great zeal
to my safety, so shall mj'- bond be stronger tied to a
greater care for your good. But forasmuch as this mat-
ter now in hand is very rare, and of greatest consequence,
I hope you do not look for any present resolution; for
my manner is, in matters of less moment than this, to
deliberate long upon that which is once to be resolved.
In the meantime I beseech Almighty God to illuminate
my mind, that I may foresee that which may serve for
the good of his church, the prosperity of the common-
wealth, and your safety. And that delay may not breed
danger, we will signify our resolution with all conven-
iency. And whatever the best subjects may expect at
the hands of the best princes, that expect from me to
be performed to the full,"

The twelfth day after when she had thoroughly
weighed the matter in her mind, being distracted with
doubtful care and thought, and as it were in some conflict
with herself what to do in so important a business, she
sent the Lord Chancellor to the higher house, and
Puckering to the rest in the lower house; praying them
to enter into a new consideration upon so weighty a
matter, and to devise some better remedy, whereby both
the queen of Scots Life might be spared, and her own
security provided for.

After much and long deliberation, they judging that
both the welfare and hurt of the prince belongeth to all,
concurred again with one voice in the same opinion,
and that for these Causes: For that the queen's safety
could not be secured as long as the queen of Scots lived,

36 MARY, QUEEN OP SCOTS.

unless she either seriously repented and acknowledged
her offence, or were kept with a more streight guard,
good assurance being given by bond and oath for her
good demeanour, or delivered hostages, or else departed
the realm. As for her Repentance, they were out of all
hope of it, considering that she had ill requited the
queen which had saved her life, and did not yet ac-
knowledge her fault. As for a surer guard, streighter
custody, bonds, oath, and hostages, they held them all
as nothing, for that the queen's life being once taken
away, these would presently vanish. And if she should
depart the realm, they feared lest she would presently
take arms to invade the same.^
• ••••. ••••••

The Queen then spake in this manner:

" Full grievous is that way, whose going on, and end,
yield nothing but cumber for the hire of a laborious
journey. I have this day been in greater conflict with
myself, than ever in all my life, whether I should speak,
or hold my peace. If I speak and not complain, I shall
dissemble: and if I should be silent your labour taken
were all in vain. If I should complain, it might seem
strange and rare; yet I confess that my most hearty
desire was, that some other means might have been de-
vised to work your security and my safety, than this
which is now propounded. So as I cannot but com-
plain, though not of you, yet unto you; that I perceive
by your petitions, that my safety dependeth wholly upon
the death of another. If there be any that think I have

1 Here followed a long discourse on the danger to the Queen's
life and the established religion, with a statement that all Eng-
land asked the speedy execution of Mary, late Queen of Scots.

MARY, QUEEN OF SCOTS. 37

prolonged the time of purpose to make a counterfeit
shew of clemency, they do me the most undeserved
wrong, as He knoweth, which is the searcher of the
mos;b secret thoughts of the heart. Or, if there be any
that be persuaded, that the commissioners durst not pro-
nounce other sentence, as fearing thereby to displease
me, or to seem to fail of their care for my safety, they
but heap upon rae most injurious conceits. For either
those, whom I have put in trust, have failed of their
duties, or else they signified unto the commissioners in
my name, that my will and pleasure was, that every one
should deal freely according to his conscience, and what
they would not openly declare, that they should reveal
unto me in private. It was of my most favourable mind
towards her, that I desired some other means might be
found out to prevent this mischief. But since now it
is resolved, that my surety is, most desperate without her
death, I have a most inward feeling of sorrow, that I,
which have in my time pardoned so many rebels, winked
at so many treasons, or neglected them with silence;
must now seem to shew cruelty upon so great a prin-
cess.— I have, since I came to the crown of this realm,
seen many defamatory Books and Pamphlets against
me, accusing me to be a tyrant; well fare the writers
hearts, I believe their meaning was to tell me news:
and news indeed it was to me, to be branded with the
note of tyranny : I would it were as great news to hear
of their impiety. But what is it which they will not
write now, when they shall hear that I have given con-
sent, that the executioner's hands shall be imbrued in
the blood of my nearest kinswoman? But so far am I
from cruelty, that to save mine own life, I would not

38 MARY, QUEEN OF SCOTS.

offer her violence; neither have I been so careful how to
prolong mine own life, as how to preserve both: which
that it is now impossible, I grieve exceedingly. I am
not so void of judgment, as not to see mine own perils
before mine eyes; nor so mad, to sharpen a sword to cut
mine own throat; nor so careless, as not to provide for
the safety of mine own life. But this I consider with
myself, that man}' a man would put his own life in dan-
ger to save a princess's life. I do not say, so will I; yet
have I many times thought upon it. — But seeing so
many have both written and spoken against me, give
me leave, I pray you, to say somewhat in mine own
defence, that ye may see what manner of woman I am,
for whose safety you have passed such careful thoughts;
wherein as I do with most thankful heart consider your
vigilant care, so am I sure I shall never requite it, had
I as many lives as you all. When first I took the
scepter, I was not unmindful of God the giver, and
therefore began my reign with his service, and the re-
ligion I had been both born in, bred in, and I trust shall
die in. And though I was not ignorant how many perils
I should be beset withal at home for altering religion,
and how many great princes abroad, of a contrary
profession, would attempt all hostility against me; yet
was I no whit dismayed, knowing that God, whom only
I respected, would defend both me and my cause. Hence
it is, that so many treacheries and conspiracies have been
attempted against me, that I rather marvel that I am,
than muse that I should not be, were it not that God's
holy hand hath protected me beyond all expectation.
\ Then to the end I might make the better progress in
art of swaying the scepter, I entered into long and seri-

MARY, QUEEN OF SCOTS. 39

oiis cogitation what things were worthy and fitting for
kings to do: and I found it most necessary that they
should be abundantly furnished with those special vir-
tues, justice, temperance, prudence, and magnanimity. J
As for the two latter, I will not boast myself, my sex
doth not permit it: but for the two former, I dare say,
(and that without ostentation) I never made a difference
of persons, where right was one; I never preferred for
favour, whom I thought not fit for worth; I never bent
my ear to credit a tale that was first told, nor was so
rash to corrupt my judgment with prejudice, before I
heard the cause. I will not say but many reports might
haply be brought me in too much favour of the one side
or the other; for we princes cannot hear all ourselves:
yet this I dare say boldly, my judgment went ever with
the truth according to my understanding. And as full
well Alcibiades wished his friend, not to give any An-
swer till he had run over the letters of the alphabet;
so have I not used rash and sudden resolutions in any-
thing. And therefore as touching your counsels and
consultations, I acknowledge them to be so careful,
provident and profitable for the preservation of my life,
and to proceed from minds so sincere, and to me most
devoted, that I shall endeavour myself all I can, to give
you cause to think your pains not ill-bestowed, and
strive to make myself worthy of such subjects.

And now for your Petition, I pray you for this
present to content yourselves with an Answer without
Answer? Your judgment I condemn not, neither do I
mistake your Reasons, but pray you to accept my thank-
fulness, excuse my doubtfulness, and take in good part

40 MARY, QUEEN OF SCOTS.

my answer answerless. If I should say, I would not do
what you request, I might say perhaps more than I
think: and if I should say I would do it, I might plunge
myself into peril, whom you labour to preserve; which
in your wisdoms and discretions ye would not that I
should, if ye consider the circumstances of place, time,
and the manners and conditions of men."

After this the Assembly of the Estates was prorogued.

About that time were lord Buckhurst and Beale sent
to the queen of Scots, to signify unto that Sentence was
pronounced against her; that the same was approved
and confirmed by act of parliament, as most just, and
the Execution thereof instantly sued for by the Estates,
out of a due regard of justice, security and necessity:
and therefore to persuade her to acknowledge her Of-
fences against God and the queen, and to expiate them
before her death by repentance: letting her understand,
that as long as she lived, the received Religion in Eng-
land could not subsist. Hereat she seemed wdth a cer-
tain unwonted alacrity to triumph, giving Gods thanks,
and rejoicing in her heart that she was holden to be an
instrument for the re-establishing of Religion in this
island. And earnestly she prayed, that she might have
a Catholic priest to direct her conscience, and minister
the Sacraments unto her. A bishop and a dean whom
they commended unto her for this use, she utterly re-
jected, and sharply taxed the English nation, saying
often. That the English had many times slaughtered
their kings; no marvel therefore, if they now also shew
their cruelty upon me, that am issued from the blood of
their kings.

mary, queen of scots. 41

comhissiojs' for the executiok of the queen of
Scots.

The publication of the Sentence was stayed a while
by the intercession of L'Aubespine the French ambas-
sador; but in the month of December, through the
earnest instance of some courtiers, it was publicly pro-
claimed all over the city, of London, the lord mayor,
the aldermen, and principal officers and citizens being
present, and afterward throughout the whole realm. In
the Proclamation the queen seriously protested, that the
publication was extorted from her not without exceed-
ing grief of mind, out of a certain necessity, and the
most vehement prayers and obtestations of the Estates
of the Realm; though there were, which thought this
to proceed of women's cunning, who though they much
desire a thing, yet will always seem rather to be con-
strained unto it. Afterwards, on February the 1st, a
Commission passed the Great Seal for her Execution,,
which was as follows:

" Elizabeth, by the grace of God, queen of England,
France and Ireland, &c. To our trusty and well-beloved
cousins, George earl of Shrewsbury, earl marshal of
England; Henry earl of Kent; Henry earl of Derby;
George earl of Cumberland; and Henry earl of Pem-
broke, greeting, &c. Whereas sithence the Sentence
given by you, and others of our council, nobility and
judges, against the queen of Scots, by the name of Mary,
the daughter of James V., late king of Scots, commonly
called the queen of Scots, and dowager of France, as to
you is well known; all the States in the last Parliament
assembled, did not only deliberately, by great advice,,,

42 MARY, QUEEN OF SCOTS.

allow and approve the same Sentence as just and hon-
ourable, but also with all humbleness and earnestness
possible, at sundry times require, solicit, and press us
to direct such further Execution against her person, as
they did adjudge her to have daily deserved; adding
thereunto, that the forbearing thereof was, and would
be daily certain and undoubted danger, not only unto
our own life, but also unto themselves, their posterity,
and the public estate of this realm, as well for the cause
of the gospel, and true religion of Christ, as for the
peace of the whole realm; whereupon we did, although
the same were with some delay of time, publish the same
Sentence by our Proclamation, yet hitherto have for-
born to give direction for the further satisfaction of the
aforesaid most earnest requests, made by our said states
of our parliament, whereby we do daily understand, by
all sorts of our loving subjects, both of our nobility and
council, and also of the wisest, greatest, and best de-
voted of all subjects of inferior degrees, how greatly
and deeply, from the bottom of their hearts, they are
grieved and afflicted with daily, yea hourly fears of our
life, and thereby consequently with a dreadful doubt
and expectation of the ruin of the present happy and
godly estate of this realm, if we should forbear the fur-
ther final execution as it is deserved, and neglect their
general and continual requests, prayers, counsels and
advices. And thereupon contrary to our natural dispo-
sition in such case, being overcome with the evident
weight of their counsels, and their daily intercessions,
importing such a necessity, as appeareth directly tend-
ing to the safety not only of ourself, but also to the
"weal of our whole realm, we have condescended to suf-

MARY, QUEEN OF SCOTS. 43

fer Justice to take place; and for the Execution thereof,
upon the special trusty experience and confidence which
we have of your loyalties, faithfulness and love, both
toward our person and the safety thereof, and also to
your native countries, whereof you are most noble and
principal ruembers; We do will, and by Warrant hereof
do authorize you, as soon as you shall have time con-
venient, to repair to our Castle of Fotheringay, where
the said queen of Scots is in custody of our right trusty
and faithful servant and counsellor, sir Amias Powlet,
knt. and then taking her into your charge, to cause by
your commandment Execution to be done upon her
person, in the presence of yourselves, and the aforesaid
sir Amias Powlet, and of such other officers of justice
as you shall command to attend upon you for that pur-
pose; and the same to be done in such manner and
form, and at such time and place, and by such persons,
as to five, four or three of you, shall be thought by your
discretions convenient, notwithstanding any law, stat-
ute or ordinance to the contrary. And these our letters
patent sealed with our great seal of England, shall be
to you, and every of you, and to all persons that shall
be present, or that shall be, by you, commanded to do
any thing appertaining to the aforesaid Execution, a
full sufficient Warrant, and Discharge forever. And
further, we are also pleased and contented, and hereby
we do will, command and authorize our Chancellor of
England, at the requests of you all, and every of you,
that the duplicate of our Letters Patent, be to all pur-
poses made, dated and sealed with our great Seal of
England, as these presents now are: In witness whereof,

44 MARY, QUEEN OF SCOTS.

we liave caused these our letters to be raade patent,
Yeoven at our manor of Greenwich, the 1st day of Feb-
ruary, in the 29th year of our reign."

QuEEiq" Elizabeth's Letteb Directed to Sir Amias
PowLET, Knt., Keeper of the Queen oe Scots,
AT THE Castle of Fotherdstgat.

" Amias, my most faithful servant, God reward thee
treblefold in the double of thy most troublesome Charge
so well discharged: if you knew, my Amias, how kindly,
besides dutifully, my grateful heart accepts your double
labours, and faithful actions, your wise orders, and safe
regards, performed in so dangerous a charge, it would
ease your travel, and rejoice your heart, in that I can-
not balance, in any weight of my judgment, the value
that I prize you at, and suppose no treasure to counter-
vail such faith; and shall condemn myself, in that
thought I never committed, if I reward not such de-
serts; yea, let me lack when I most need, if I acknowl-
edge not such a merit with a reward, not omnibus datum;
but let your wicked murderess know, how with hearty
sorrow her vile deserts compel these orders; and bid her
from me, ask God forgiveness for her treacherous deal-
ing against my life many years, to the intolerable peril
of her own: and yet not content with so many forgive-
nesses, but must fall again so horribly, far passing a
woman's thought, much less a princess's; instead of
excusing whereof, not one can serve it, being so plainly
confessed by the author of my guiltless death. Let re-
pentance take place, and let not the fiend possess her,

MARY, QUEEN OF SCOTS. 45

SO that the better part be lost, which I pray with hands
lifted up to him, that can both save and spill, with my
most loving adieu, and prayer for thy long life, your
assured and loving sovereign, as heart, by good desert,
indureth, ELIZABETH, Reginar

QUEEH MaKT's ExECT7TI0]Sr.

In pursuance of this Commission, she was executed
the 8th day of February following, in which Queen
Elizabeth afterwards pretended she was surprised; the
manner whereof is thus related by Camden:

Queen Elizabeth, after some hesitation, having deliv-
ered a Writing to Davison, one of her Secretaries, signed
with her own hand, commanding a Warrant under the
great seal of England to be drawn up for the Execution,
which was to lie in readiness in case of any dangerous
Attempt upon queen Elizabeth, commanded him to
acquaint no man therewith; the next day the queen
changed her mind, and commanded Davison by Kille-
grew that the Warrant should not be drawn. Davison
came presently to the queen, and told her that it was
drawn and under seal already; at which she was some-
what moved, and blamed him for making such haste.
He notwithstanding acquainted the Council both with
the Warrant and the whole matter, and easily persuaded
them who were apt to believe what they desired, that
the queen had commanded it should be executed. Here-
upon without any delay Beale, who in respect of relig-
ion was the queen of Scots most bitter adversary, was
sent down with one or two Executioners, and a War-
rant, wherein authority was given to the Earls of

46 MARY, QUEEN OF SCOTS.

Shrewsbury, Kent, Derby, Cumberland, and others, to
see Execution done according to law; and this without
the queen's knowledge. And though she at that very
time told Davison, that she would take another course,
yet did not he for all that call Beale back.

As soon as the earls were come to Fotheringay, they,
together with sir Amias Powlet, and sir Drew Drury, to
whose custody the queen of Scots was committed, came
to her and told her the cause of their coming, reading the
Warrant, and in few words admonished her to prepare
herself for Death, for she was to die the next day. She
undauntedly, and with a composed spirit, made this An-
swer; "I did not think the queen, my sister, would have
consented to my death, who am not subject to your law
and jurisdiction: but seeing her pleasure is so. Death
shall be to me most welcome; neither is that soul worthy
of the high and everlasting joys above, whose body can-
not endure one stroke of the executioner."

She desired she might have Conference with her Al-
moner, her Confessor, and Melvin, the Master of her
Household; for her Confessor, it was flatly denied that
he should come to her; and the earls recommended to
her the bishop, or the dean of Peterborough, to comfort
her; whom she refusing, the earl of Kent, in a hot burn-
ing zeal to religion, broke forth into these words among
other speeches: " Your life will be the death of our Re-
ligion, as contrariwise your death will be the life thereof."
Mention being made of Babington, she constantly de-
nied his Conspiracy to have been at all known to her,
and the revenge of her wrong she left to God. Then
enquiring what was become of Naw and Curie; she
asked whether it were ever heard of before, that servants

MARY, QUEEN OF SCOTS. 47

were suborned and accepted as Witnesses against tlieir
master's life?

When the earls were departed, she commanded supper
to be hastened, that she might the better dispose of her
concerns. She supped temperately, as her manner was;
and seeing her servants, both men and women, weeping
and lamenting as she sat at supper, she comforted them
with great courage and magnanimity, bade them leave
mourning, and rather rejoice, that she was now to de-
part out of a world of miseries. Turning to Burgoin,,
her physician, she asked him whether he did not now
find the force of Truth to be great: " They say," quoth
she, '^ that I must die, because I have plotted against the
queen's life; yet the earl of Kent tells me, there is no
other cause of my death, but that they are afraid for
their Religion because of me; neither hath my offence
against the queen, but their fear because of me, drawn
this end upon me, while some, under the colour of Re-
ligion, and the public good, aim at their own private
respects and advantages."

Towards the end of supper she drank to all her serv-
ants, who pledged her in order upon their knees, ming-
ling tears with the wine, and begging pardon for their
neglect of their duty ; as she also in like manner did of
them. After supper she perused her Will, read over the
Inventory of her Goods and Jewels, and wrote down
the Names of those, to whom she bequeathed every par-
ticular. To some she distributed money with her own
hand. To her Confessor she wrote a Letter, that he
would make intercession for her to God in his prayers.
She wrote also letters of recommendation for her serv-
ants to the French king and the duke of Guise. At her

48 MARY, QUEEN OF SCOTS.

wonted time she went to bed, slept some hours; and
then waking, spent the rest of the night in prayer.

The fatal day being come, which was the 8th of Feb-
ruary, she dressed herself as gorgeously, as she was wont
to do upon festival days, and calling her servants to-
gether, commanding her Will to be read; prayed them
^o take their legacies in good part, for her ability would
2iot extend to giving them any greater matters.

Then fixing her mind wholly upon God in her Ora-
i;ory, or ordinary place of prayer, with sighs and groans,
and prayers, she begged his Divine Grace and favour;
till such time as Thomas Andrews, sheriff of the county,
acquainted her, that she must now come forth: And
forth she came with state, countenance and presence
majestically composed; a cheerful look, and a matron-
like and modest habit; her head covered with a linen
veil, and that hanging down to the ground, her prayer-
beads hanging at her girdle, and carrying a crucifix of
ivory in her hands. In the porch she was received by
the earls and other noblemen, where Melvin, her serv-
ant, falling upon his knees, and pouring forth tears,
bewailed his hard hap, that he was to carry into Scot-
land the woeful tidings of the unhappy fate of his lady
and mistress; She thus comforted him, "Lament not,
but rather rejoice, thou shalt by-and-by see Mary Stuart
freed from all her cares. Tell them, that I die constant
in my Religion, and firm in my fidelity and affection
towards Scotland and France. God forgive them, who
have thirsted after my blood, as harts do after the foun-
tain! Thou, 0 God! who art Truth itself, and per-
fectly and truly understandest the inward thoughts of
my heart, knowest how greatly I have desired that the

MARY, QUEEN OF SCOTS. 49

kingdoms of England and Scotland might be united
into one. Commend me to my son, and assure him,
that I have done nothing, which may be prejudicial to
the kingdom of Scotland; admonish him to hold in
amity and friendship with the queen of England; and
see thou do him faithful service."

And now the tears trickling down, she bade Melvin
several times farewell, who wept as fast as she. Then
turning to the earls, she prayed them that her servants
might be civilly dealt withal: That the}^ might enjoy
their Legacies, that they might stand by her at her
Death, and might be sent back into their own country
with letters of safe conduct. The former request they
granted, but that they should stand by her at her death,
the earl of Kent shewed himself somewhat unwilling,
fearing some superstition. " Fear it not," said she,
" These harmless souls desire only to take their last
farewell of me: I know my sister Elizabeth would not
have denied me so so small a matter, that my women
should be then present, were it but for the honour of
the female sex. I am her near kinswoman, descended
from Henry VII., queen dowager of Prance, and anointed
queen of Scots,"

When she had said this, and turned herself aside, it
was at last granted, that such of her servants as she
should name should be present. She named Melvin,
Burgoin her physician, her apothecary, her surgeon, two
waiting women, and others, of whom Melvin bore up
her train. So the gentlemen, two earls and the sheriff
going before her, she came to the scaffold, which was
built at the upper end of the Hall, on which was placed
4

50 MARY, QUEEN OF SCOTS.

a chair, a cusliion, and a block, all covered with black
cloth. As soon as she was set down, and silence com-
manded, Beale read the warrant: She heard it attent-
ively, yet as if her thoughts were taken up with some-
what else. Then Fletcher, dean of Peterborough, began
a long speech to her touching the Condition of her Life-
past, present, and to come. She interrupted him once
or twice as he was speaking, prayed him not to trouble
himself, protesting that she was firmly fixed and re-
solved in the ancient Catholic Roman Religion, and for
it was ready to shed her last blood. When he earnestly
persuaded her to true repentance, and to put her whole
trust in Christ by an assured faith; she answered. That
in that religion she was both born and bred, and now
ready to die. The earls said they would pray with her;
to whom she said, that she would give them hearty
thanks, if they would pray for her: but to join, said she^
in prayer with you, who are of another profession, would
be in me a heinous sin. Then they appointed the dean
to pray; with whom while the multitude that stood
round about were praying, she fell down upon her knees^
and holding the Crucifix before her in her hands, prayed
in Latin, with her servants, out of the office of the
Blessed Virgin Mary.

After the Dean had made an end of praying, she in
English recommended the church, her son, and queen
Elizabeth to God, beseeching him to turn away his wrath
from this island, and professing, that she reposed her
hope of Salvation in the blood of Christ: lifting up the
Crucifix, she called on the Celestial Choir of Saints to
make intercession to him for her: She forgave all her
enemies, and kissing the crucifix, and signing herself

MARY, QUEEN OF SCOTS. 51

with the Cross, she said, "As thy arms, 0 Christ! were
spread out upon the cross, so receive me with the
stretched-out arms of thy mercy, and forgive my sins."
Then the executioners asked her forgiveness, which she
granted them. And when her women had taken off her
upper garments (which she was eager and hasty to have
done), wailing and lamenting the while, she kissed them;
and signing them with the Cross, with a cheerful counte-
nance bid them forbear their womanish lamentations,
for now she should rest from all her sorrows. In like
manner turning to her men servants, who also wept, she
signed them with the Cross, and smiling, bade them
farewel. And now having covered her face with a linen
handkerchief, and laying herself down to the block, she
recited the Psalm, " In thee, 0 Lord ! do I put my trust,
let mc never be confounded." Then stretching forth
her body, and repeating many times, " Into thy hands,
0 Lord! I commend my Spirit," her head was taken off
at two strokes; The Dean crying out, "So let queen
Elizabeth's enemies perish;" the earl of Kent ansv/er-
ing Amen, and the multitude sighing and sorrowing.
Her body was embalmed and ordered with due and usual
rites, and afterwards interred with a royal funeral in the
cathedral church of Peterborough. A pompous obsequy
was also performed for her at Paris, by procurement of
the Guises.

^^he news of Mary's execution, being brought to Eliz-
abeth, she appeared extremely concerned at it. Sighs,
tears, lamentation and mourning were the signs she
gave of her grief, which seemed immoderate/ She drove
the Privy counsellors from her presence, and commanded
them to be examined in the Star-Chamber, and Davison

52 MARY, QUEEN OF SCOTS.

to be tried for his life for his disobedience. A few days
after she sent the following letter to the king of Scot-
land (afterwards king James I. of England), by Robert
Gary:

" My dearest Brother.

" I would to God thou knewest (but not that thou
feltest) the incomparable grief my mind is perplexed
with, upon this lamentable accident, which is happened
contrary to my meaning and intention, which, since
my pen trembles to mention it, you shall fully under-
stand by this my kinsman. I request you, that as God
and many othars can witness my innocence in this mat-
ter, so you will also believe, that if I had commanded
it, I would never deny it. I am not so faint-hearted,
that for terror I should fear to do the thing that is just,
or to own it when it is once done; no, I am not so base
and ignobly minded. But as it is no princely part, with
feigned words to conceal and disguise the real meaning
of the heart; so will I never dissemble my actions, but
make them appear in their true and proper colours.
Persuade yourself this for truth, that as I know this
has happened deservedly on her part, so if I had in-
tended it, I would not have laid it upon others; but I
will never charge myself with that which I had not so
much as a thought of. Other matters you shall under-
stand by the bearer of this letter. As for me, I would
have you believe there is not any which loves you more
dearly, or takes more care for the good of you and your
affairs. If any man would persuade you to the con-
trary, you may conclude he favours others more than
you. God preserve you long in health and safety."

MARY, QUEEN OF SCOTS. 53

This letter to James of Scotland was written
about February 15th. March 28th Queen Eliza-
beth ordered Sir William Davison, Secretary of
State, to whose care she had entrusted the death
warrant of the Queen of Scots, to be arraigned in
the Star Chamber for "Misprision and Contempt."
Queen Elizabeth determined to make the public
believe the execution of the Queen of Scots "was
done against her will, and without her knowl-
edge." Davison was her instrument. Shortly be-
fore the sentence of the Queen of Scots, he was
purposely made Secretary of State. He was dis-
missed from his office soon after the clamor caused
by the execution reached the ears of the Queen of
England. A commission composed of

Sir Christopher Wraye, Lord Chief Justice,

Lord Archbishop of Canterbury,

Lord Archbishop of York,

Earl of Worcester,

Earl of Cumberland,

Earl of Lincoln,

Lord Grey,

Lord Lumley,

Sir James Croft, ^ Comptroller,

Sir Gilbert Gerrard, Master of the Eolls,

Lord Chief Justice of the Common Pleas, Ed-
mund Anderson,

Lord Chief Baron, Sir Eoger Manwood,

Sir Walter Mildmay, Chancellor of the Ex-
chequer,
was ordered to try him.

1 Sometimes this name is given Sir James A-Crofts.

54: MARY, QUEEN OF SCOTS.

Attorney-General Popham thus presents the
Queen's case:

My lords, I am to inform your lordships in her ma-
jesty's behalf, of a certain great and grievous Contempt
and Misprision against Mr. Davison, there prisoner at
the bar, late one of her majesty's Secretaries. The man-
ifold and sundry practices committed by the Scotish
queen are not unknown to your honours, which were
offences in the highest degree, and required to be looked
unto with speed. It is well known with your lord-
ships, also that thereupon, by earnest entreaty and inter-
cession, her majesty at length condescended that the
matter should be heard and decided according unto
law. Whereupon were those honorable proceedings
held at Fotheringay. But the residence which belonged
thereunto, to-wit, the Execution, her majesty politicly
neither consented unto, nor denied, esteeming no clem-
ency in the former, nor wisdom in the latter. Which
course she held from the 25th of Oct., all Nov. Dec. and
Jan. During which time, most horrible conspiracies
against her majesty's most sacred person were contrived,
most false rumour that the Scotish queen was escaped,
spread abroad, and bruited that foreigners were landed
for invasion; all which, for preservation of the Scotish
queen, and prejudice of ours. Upon these considera-
tions, her majesty assented to sign the Warrant for her
Execution, by whom such tumults were raised: not-
withstanding, being moved to mercy by her great wis-
dom, she thought it necessary to have it in readiness, if
any attempt should be begun, and yet not in haste to
execute the same; this so signed, she left with Mr. Davi-
son to carry the Great Seal, to have it in readiness as

MARY, QUEEN OF SCOTS. 55

aforesaid. And he, after the sealing, and without her
majesty's commandment, presented it unto the lords,
without her privity, contemptuously. Notwithstand-
ing, upon delivery thereof to him, her majesty bid him
use secrecy. And upon question made by the lords
whether her majesty continued in that mind for execu-
tion of the Scotish queen, he said, she held that course
still: and upon farther question said her majesty would
not farther be troubled with that matter: Whereupon
the lords seeing no impediment, dispatched the Execu-
tion, wherein Mr. Davison did break the secrecy her
majesty reposed in him, in delivering it unto the lords,
and dealt very contemptuously in not making her privy,
knowing her mind to be to the contrary. For her maj-
esty sent Mr. Killegrew unto him, commanding him, if
it were not sealed already, it should not be sealed; and
after, when he told her majesty it was sealed already,
she asked him what haste? This act so done by him,
he being but a particular counsellor, her majesty doth
take it a matter of high indignity and abuse of her
counsellors, and a thing of the greatest moment thafc
ever happened since her reign, since which time never
any counsellor in matters of far less importance pro-
ceeded without her resolution or privity; which thing
she leaves to your honors consideration for punishment
thereof.

The person who reported these "Proceedings "
of the Star Chamber seems to have sympathized
with the unfortunate scapegoat. He says:

Davison, with a comely countenance, replenished with
gravity, a fine deliverance of speech, but a voice some-

56 MARY, QUEEN OP SCOTS.

what low (whicli he excused hy late sickness) discreetly
answered in sort ensuing: My Lords I am right sorry,
that an action of this nature, for the honorable Proceed-
ings against the Scotish queen, than which never was
anything more honorable should after the full and
laudable performance thereof be called into question.
Again my lords, I am most sorry that her gracious
highness should conceive such an high displeasure
against me, as to trouble your honours with me at this
present. But as in all my actions heretofore, I have
been most faithful and forward to do her majesty's Com-
mandments: so in this, by your honors favor, let me
bear the testimony of my conscience, that I have done
nothing either wittingly or willingly, but as became an
honest man. And therefore first, that I delivered it
unto the lords without her commandment, or against
her commandment: let it be lawful for me with your
honours leave to protest the contrary.

To that the Attorney answered: I said not that you
delivered it unto the lords against her commandment,
but that you knowing her mind to be contrary to it.

Davison to that replied: Well then I desire to have
the proofs: whereupon the Solicitor General read his
Examination, wherein to the sixth point he sayeth,
That after signing and sealing he made her not privy
to the sending down — Mr. Davison to that answered :
My good lords, the Warrant for the Execution was
signed and sealed by her majesty's express command-
ment: which being so, I take it to be irrevocable in
law. Whereupon by the advice of the lords it was sent
down, she not being privy to sending down, wherein I
thought I dealt as beseemed me; for writs of execution

MARY, QUEEN OF SCOTS. 5T

do not use to come to her majesty. That I was so for-
ward, I thought it my duty, and for no other reason I
protest: for I never had any private grudge or hatred
against the Queen of Scots, but in respect of my coun-
try and common-weal. The warrant rested with me
six weeks before I presented it, and when I presented it,
my Lord Admiral will witness I was sent for. The place I
held I protest I never sought for: it pleased her majesty
for some gracious opinion of me to prefer me thereto^
In which I am assured I have not committed any wil-
ful error, but as an honest man should do: for nothing
in the world is more dear to me than my reputation. I
confess I said to some lords, I took it to be her majesty's
pleasure to proceed therein, and I appeal to her maj-
esty's own conscience if I had not cause to think so.
But she is my most gracious sovereign: it is not my
duty to say if she gainsay: I will not stand in contesta-
tion with her, for it beseems me not, and therefore I
submit myself to what punishment your honours shall
please to lay upon me.

The Commissioners commended his attitude
towards the Queen. He adhered throughout the
Proceedings substantially to the statements made
above. Each member of the Commission made a
speech, however, praising the Queen and reproving
him. The Lord Archbishop of York preached a
sermon on the duty of obedience.

His sentence was imprisonment and a fine.

Later Davison wrote as follows to Walsingham:

" The Queen after the departure of the French and
Scottish ambassadors, of her own motion commanded

58 MARY, QUEEN OF SCOTS.

me to deliver her the Warrant for executing the sen-
tence against the Queen of Scots. When I had deliv-
ered it she signed it readily with her own hand: when
she had so done, she commanded it to be sealed with
the Great Seal of England: and in a jesting manner
said, ' Go tell all this to Walsingham, who is now sick,
although I fear he will die for sorrow when he hears it.'
She added also the reasons of her deferring it so long,
namely lest she might seem to have been violently or
maliciously drawn thereto: whereas in the meantime
she was not ignorant how necessary it was: moreover,
she blamed Powlet and Drury' that they had not eased
her of this care, and wished that Walsingham would
feel their pulses touching this matter. The next day
after it was under the Great Seal, she commanded me
by Killegrew that it should not be done: and when I
informed her that it was done already she found fault
with such great haste, telling me that in the judgment
of some wise men,** another course might be taken. I
answered, that that course was always best and safest
which was most just. But fearing lest she should lay
the fault upon me, (as she had laid the putting of the
Duke of Norfolk to death upon Lord Burleigh) I ac-
quainted Hatton with the whole matter, protesting that
I would not plunge myself any deeper in so great a

1 Queen Elizabeth's letters to Sir Amias Powlet and to Sir
Drew Drury were found among Sir Amias Powlet's papers,
in which they were virtually ordered to make way with their
prisoner and thus relieve her of I'esponsibility and care.

2 It is said that Lord Burleigli intimated to Sir Amias Pow-
let that assassination was the easiest solution of the difficulty,
and that Sir Amias indignantly declined to play the assassin.
Schiller's " Mary Queen of Scots " embodies this tradition.

MARY, QUEEN OF SCOTS. 59

business. He presently imparted it to the lord Bur-
leigh, and the Lord Burleigh to the rest of the council,
■who all consented to have the Execution hastened, and
every one of them vowed to bear an equal share in the
blame, and sent Beale away with the Warrant and Let-
ters. The third day after, when by a dream she was
told of the queen of Scots death, I perceived that she
wavered in her resolution: I asked her whether she had
changed her mind? She answered, No: but another
course said she, might have been devised. And withal
she asked me, whether I had received any answer from
Powlet ? Whose Letter when I had shewed her, wherein
he flatly refused to undertake that which stood not with
honor and justice: she waxed angry, accused him and
others (who had bound themselves by the Association)
of perjury and a breach of their vow, as those that had
promised great matters for their prince's safety, but
would perform nothing: yet there are, said she, who
will do it for my sake. But I showed her how dishonor-
able and unjust a thing this would be: and withal into
how great danger she would bring Powlet and Drury
by it: for if she approved the fact, she would draw upon
herself both danger and dishonor, not without censure
of injustice: and if she disallowed it, she would utterly
undo men of great desert and their whole posterity.
And afterwards she gave me a light check the same
day that the Queen of Scots was executed because she
was not yet put to death."

Contrasted with this letter to Walsingham, the
defence Sir William Davison made for himself
before the Star Chamber shows him to have been

60 MARY, QUEEN OF SCOTS.

a shrewd man. If he had acted otherwise before
the Commissioners, his head would have paid the
penalty of his temerity, without doubt. He evi-
dently thoroughly understood the royal lady by
whose order he had been imprisoned. It is appar-
ent that he was one of the most innocent of those
who were the actors in the execution of Mary,
Queen of Scots.

TRIAL OF SIR WALTER RALEIGH.

The details of the trial of Sir Walter Raleigh,
and the causes that led to his execution fifteen
years after sentence was pronounced and a full
pardon granted him by King James I., are of ab-
sorbing interest. The prisoner was one of the
most popular and accomplished cavaliers of Queen
Elizabeth's brilliant court. The Attorney-General
was Sir Edward Coke,^ whose manner of prosecut-
ing a prisoner at the bar will not commend him to
the reader.

Among the letters and other manuscripts that
accompany this trial are indications of the King's
bitter enmity against Raleigh, not so much be-
cause he was one of the favorites of Queen Eliza-
beth, whose course towards James' mother, Mary,
Queen of Scots, is shown in the preceding trial,
but because of his alleged complicity in the sen-
tence and execution of the Earl of Essex. There
are also proofs that Raleigh was in no way in-
strumental in causing the death of that unfortu-
nate young nobleman.

1 In Mr. Emlyn's preface to the second edition of State Trials,
he commends the Enghsh attorneys as being superior to those
of other nations. He says:

" The like Distinction will readily occur with respect to those

62 SIR WALTER RALEIGH.

The enmity of Spain was a potential factor in
bringing about the execution of Sir Walter Ea-
leigh. In his first attempt to found a colony in
North America, in 1579, Walter Raleigh was suc-
cessfully opposed by a Spanish force and returned
to England. At that date Spain was jealous of
the presence of the Anglo-Saxon in the Western

whose Office was at the Bar. Some he will find, pressing noth-
ing illegal against the prisoner, nothing hard and unreasonable
(however in strictness legal), using no artifices to deprive him
of his just Defence, treating his Witnesses with decency and
candor; being not so intent upon convicting the Prisoner, as
upon discovering Truth, and bringing real Offenders to Jus-
tice; looking upon themselves, according to that famous Say-
ing of queen Elizabeth, not so much retained pro Domina
Regina,* as pro Domiaa Veritate.\

" These will appear in a different light from others, who with
rude and boisterous language abuse and revile the unfortunate
Prisoner; who stick not to take all advantage of him, however
hard and unjust, which either his ignorance, or the strict
rigour of Law may give them ; who by force or strategem en-
deavor to disable him from making his Defence ; who brow-
beat his Witnesses as soon as they appear, tho' ever so willing
to declare the whole trvith; and do all they can to put them
out of countenance, and confound them in delivering their
Evidence : as if it were the duty of their place to convict all
who are brought to Trial, right or wrong, guilty or not guilty ;
and as if they, above all others, had a peculiar dispensation
from the obligations of Truth and Justice. Such methods as
these should be below men of honour, not to say men of con-
science; yet in the perusal of this work, such persons will too
often arise to view ; and I could wish for the credit of the Law^,
that that great Oracle of it, the Lord Chief Justice Coke, had
given less reason to be numbered among this sort."

* For our Lady the Queen.

+ For our Lady Truth. See in this connection, origin of the motto on the
seal of the Department of Justice, in the Appendix.

SIR WALTER RALEIGH. 63^

Hemisphere. In 1584 Queen Elizabeth granted
Sir Walter Ealeigh a patent to take possession of
the lands he should discover in North America.
He fitted out two ships, discovered Virginia, and
returned to England to be knighted by the Queen,
He was especially active in opposing the Spanish
invasions of England, helped to destroy the great
Armada, and held the rank of Admiral in the
expedition against Cadiz. His career practically
ended with the death of Elizabeth. King James
always regarded him with suspicion. November
17, 1603, he was tried for high treason and sen-
tenced to death. James did not dare to execute
the sentence, but kept him confined in the Tower
of London fourteen years. After his release, he
offered to operate a gold mine in Guiana, and
made a map of the country for the King showing
where it was located. Before his fleet of twelve
ships sailed out of the Thames on this quest of
which James seemed to approve, a fleet of Span-
ish ships had gone on a similar mission. When
Ealeigh's men landed on the Island of St. Thomas,
West Indies, they fought several skirmishes with
the Spaniards, and Raleigh's friends claim he found
the identical map he drew for James in the closet
of the Spanish Governor of the Island. There is
no authentic clew as to how it got there. One
theory is that it was stolen from England by the
Spanish Ambassador to England, Count Gondo-
mar. Another is that James himself connived

«84: SIR WALTER RALEIGH.

-with Spain to convict Raleigh of high treason. At
that time James I. was anxious to marry his son
•Charles to the Spanish Infanta.

When Raleigh arrived at the site of the mine,
he found the Spaniards practically in possession.
Thwarted, he returned to England. He landed at
Plymouth, made an attempt to escape to France,
was arrested, and was executed in the old palace
yard of Winchester the morning of October 29,
1618, by the Sheriffs of London, on the ''proofs"
of guilt in the trial which follows. His sentence
of death was fifteen years old and had been an-
nulled by full pardon under the Great Seal of Eng-
land ! The only other evidence brought against
him was the report that Count Gondomar de-
nounced him to King James as a "Pirate." The
machinations of this Spanish Ambassador availed
more with James against this illustrious Knight
than his own conspicuous merit and the love and
admiration of his fellow-subjects. These details
were gathered from a number of letters found in
■old English publications, some of which accom-
pany the official records of the trial.

sir walter raleigh. 65

The Tkial of Sir Walter Raleigh, at Win'chester,
November ITth, 1603.

commissioners.

Henry Howard, Earl of Suffolk, Lord Chamberlain;

Charles Blunt, Earl of Devon;

Lord Henry Howard, afterwards Earl of Northamp-
ton;

Robert Cecil, Earl of Salisbury;

Edward, Lord Wotton of Morley;

Sir John Stanhope, Vice Chamberlain;

Lord Chief Justice of England, Popham;

Lord Chief Justice of the Common Pleas, Anderson;

Mr, Justice Gawdie;

Justice Warburton;

Sir W. Wade.

First, the Commission of Oyer and Terminer was read
by the Clerk of the Crown Office; and the prisoner bid
to hold up his hand.

And then presently the Indictment, which was in ef-
fect as followeth:

That he did conspire and go about to deprive the King of his
Government; to raise up Sedition within the realm; to alter
Religion, to bring in the Roman Superstition and to procure
foreign enemies to invade the kingdom. That the lord Cob-
ham, the 9th of June last, did meet with the said Sir Walter
Raleigh in Durham-house, in the parish of St. Martin's in the
Fields and then and there had conference with him, how to
advance Arabella Stuart i to the crown and royal throne of this

1 Arabella Stuart was the daugliter of Charles Stuart, Earl of
Lennox, brother of Lord Darnley, father of King James I.
She died in the Tower of London, being caught in an attempt
to escape from England with her husband, Sir William Sey-
mour. James feared she might claim the crown of England.
Her grandmother was Margaret, eldest sister of Henry VIIL
5

€6 SIR WALTER RALEIGH.

kingdom; and that then and there it was agreed, that Cobham
should treat with Aremberg, embassador from the archduke
of Austria, to obtain of him 600,000 crowns, to bring to pass
their intended treason. It was agreed that Cobham should go to
the archduke Albert, to procure him to advance the pretended
title of Arabella; from thence knowing that Albert had nofc
sufficient means to maintain his own army in the Low Coun-
tries, Cobham should go to Spain to procure the king to assist
and further her pretended title. It was agreed, the better to>
effect all this Conspiracy, that Arabella should write three
Letters, one to the Archduke, another to the King of Spain,
and a third to the duke of Savoy; and promise three things: —
1. To establish a firm Peace between England and Sixain. 2. Ta
tolerate the Popish and Roman Superstition. 3. To be ruled
by them in contracting of her Marriage. — And for the effect-
ing of these traitorous purposes, Cobham should return by the
Isle of Jersey, and should find Sir Walter Raleigh captain of
the said Isle, there, and take counsel of Raleigh for the dis-
tributing of the aforesaid crowns, as the occasion or discon-
tentment of the subjects should give cause and way. — And
further. That Cobham and his brother Brook met on the 9th
of June last, and Cobham told Brook all these Treasons; to the
which Treasons Brook gave his assent, and did join himself to
all these. And after, on the Thursday following, Cobham and
Brook did speak these words: "That there would never be a
good world in England, till the king ' (meaning our sovereign
lord) and his cubs (meaning his royal issue) were taken away.'
And the more to disable and deprive the king of his crown,
and to confirm the said Cobham in his intents, Raleigh did
publish a Book, falsely written against the most just and royal
Title of the king, knowing the said Book to be written against
the just Title of the king; Which Book Cobham after that re-
ceived of him. Further for the better effecting these traitor-
ous purposes, and to establish the said Brook in his intent, the
said Cobham did deliver the said Book unto him the 14th of
June. And further, the said Cobham, on the 16th of June, for
accomplishment of the said Conference, and by the traitorous
instigation of Raleigh, did move Brook to incite Arabella to
write to the three forenamed princes, to procure them to ad-
vance her Title; and that she after she had obtained the Crown,

SIR WALTER RALEIGH. 67

should promise to perform three thinj^js, viz. 1. Peace between
England and Spain. 2. To tolerate with impunity the Popish
and Roman Superstitions. 3. To be ruled by them three in the
contracting of her marriage. — To these motions the said Brook
gave his assent. And for tlie better effecting of said Treasons,
Cobham on the 17th of June, by the instigation of Raleigh, did
write Letters to Count Aremberg, and did deliver the said
Letters to one Matthew de Lawrency, to be delivered to the
said count, which he did deliver, for the obtaining of the
600,000 crowns; which money by other Letters Count Arem-
berg did promise to perform the payment of; and this Letter
Cobham received the 18th of June. And then did Cobham
promise to Raleigh, that when he had received the said money,
he would deliver 8,000 crowns to him, to which motion he did
consent ; and afterwards Cobham offered Brook, that after he
shovdd receive the said crowns, he would give to him 10,000
thereof; to which motion Brook did assent.

To the Indictment, Sir Walter Raleigh pleaded " Not

Guilty."

The jury were:

Sir Ralph Conisby,

Sir Thomas Fowler,

Sir Edward Peacock,

Sir Wm. Rowe,

Henry Goodyer, 1

Thomas Walker, {

■D Txf J r esquires,

Roger Wood,

Thomas Whithy, J

Tho. Highgate, ]

Robert Kempton, I , ,

John Chawkey, j

Robert Bromley, J

Sir Walter Raleigh, Prisoner, was asked, Whether he

would take exceptions to any of the Jury?

knights.

68 SIR WALTER RALEIGH.

Raleigli: I know none of them; they are all Christ-
ians and honest gentlemen, I except against none.

E. of Suffolk: You gentlemen of the king's learned
Counsel, follow the same course as you did the other
day.

Raleigh: My lord, I pray you I may answer the points
particularly as they are delivered, by reason of the weak-
ness of my memory and sickness.

L. C. J. Popham: After the king's learned counsel
have delivered all the Evidence, sir Walter, you may
answer particulai'ly to what you will.

Heale, the King's Serjeant: You have heard of Ra-
leigh's bloody attempts to kill the king and his royal
progeny, and in place thereof, to advance one Arabella
Stuart. The particulars of the Indictment are these:
First, that Raleigh met with Cobham the 9th of June,
and had Conference of an Invasion, of a Rebellion, and
an Insurrection, to be made by the king's subjects, to
depose the king, and to kill his children, poor babes that
never gave offense. Here is blood, here is a new king
and governor. In our king consists all our happiness,
and the true use of the Gospel; a thing which we all
wish to be settled, after the death of the Queen. Here
must be Money to do this, for money is the sinew of war.
Where should that be had ? count Aremberg must pro-
cure it of Philip king of Spain, five or six hundred thou-
sand crowns; and out of this sum Raleigh must have
8000. But what is that count Aremberg? Though I
am no good Frenchman, yet it is as much as to say in
English, earl of Aremberg. Then there must be Friends
to effect this; Cobham must go to Albert archduke of
Austria, for whom Aremberg was ambassador at that

SIR WALTER RALEIGH. 69

time in England. And what then? He must persuade
the duke to assist the pretended title of Arabella. From
thence Cobham must go to the king of Spain, and per-
suade him to assist the said title. Since the Conquest,
there was never the like Treason. But out of whose
head came it ? Out of Raleigh's, who must also advise
Cobham to use his brother Brook to incite the lady Ara-
bella to write the three several Letters, as aforesaid
in the Indictment; all this was on the 9th of June.
Then three days after. Brook was acquainted with it.
After this, Cobham said to Brook, ' It will never be well
in England, till the king and his ' cubs ' are taken away.'
Afterwards, Raleigh delivered a book to Cobham, treach-
erously written against the Title of the king. It ap-
pears that Cobham took Raleigh to be either a God, or
an idol. Cobham endeavours to set up a new king, or
governor; God forbid mine eyes should ever see so un-
happy a change. As for the lady Arabella, she, upon
my conscience, hath no more Title to the crown than I
have, which before God I utterly renounce. Cobham, a
man bred in England, hath no experience abroad; but
Raleigh, a man of great wit, military, and a sword-man.
Now, whether these things were bred in a hollow tree,
I leave to them to speak of, who can speak far better
than myself. — And so sat him down again.

Attorney General (Sir Ed. Coke): I must first, my
lords, before I come to the cause, give one caution, be-
cause we shall often mention persons of eminent places,
some of them great monarchs: whatever we say of them,
we shall but repeat what others have said of them; I
mean the Capital Offenders in their Confessions. We,
professing laAv, must speak reverently of kings and

70 SIR WALTER RALEIGH.

potentates. I perceive tliese honourable lords, and the
rest of this great assembly, are come to hear what hath
been scattered upon the wrack of report. We carry a
just mind, to condemn no man, but upon plain Evi-
dence. Here is Mischief, Mischief in summo gradu^^
exhorbitant Mischief. My Speech shall chiefly touch
these three points: Imitation, Supportation and De-
fence.— The Imitation of evil ever exceeds the Prece-
dent; as on the contrary, imitation of good ever comes
short. Mischief cannot be supported but by Mischief;
yea it will so multiply, that it will bring all to confusion.
Mischief is ever underpropped by falsehood or foul prac-
tices; and because all these things did concur in this
Treason, you shall understand the main, as before you
did the bye. — The Treason of the hye. consisteth in these
Points; first, that the lord Grey, Brook, Markham, and
the rest, intended by force in the night to surprise the
king's court; which was a Rebellion in the heart of the
realm, yea in the heart of the heart, in the Court. They
intended to take him that is a sovereign, to make him
subject to their power, purposing to open the doors with
musquets and cavaliers, and to take also the Prince and
Council; then under the king's authority to carr}'- the
king to the Tower; and to make a stale of the admiral.
When they had the king there, to extort three things
from him: first, A Pardon for all their Treasons: Sec-
ondly, A Toleration of the Roman Superstition; which
their eyes shall sooner fall out than they shall ever
see; for the king hath spoken these words in the hear-
ing of many, ' I will lose the croAvn and my life, before

1 In the highest degrea

SIR WALTER RALEIGH. Yl

ever I will alter Religion.' And thirdly, To remove
Counsellors. In the room of the Lord Chancellor, they
would have placed one Watson a priest, absurd in Hu-
manity, and ignorant in Divinity. Brook, of whom I
will speak nothing, Lord Treasurer. The great Secre-
tary must be Markham; Oculus imtricB.^ A hole must
be found in my Lord Chief Justice's coat. Grey must
be Earl-Marshal, and Master of the Horse, because he
would have a table in the court; marry, he would ad-
vance the earl of Worcester to a higher place. All this
cannot be done without a multitude; therefore Watson
the priest tells a resolute man, that the king was in
danger of Puritans and Jesuits; so to bring him in
blindfold into the action, saying, That the king is no
king till he be crowned; therefore every man might
right his own wrongs: but he is rex natus^^ his dignity
descends as well as yours, my lords. Then Watson ira-
posetli a blasphemous oath, that they should swear to
defend the king's person; to keep secret what was given
them in charge, and seek all ways and means to advance
the Catholic Religion. Then they intend to send for
the Lord Mayor and the Aldermen, in the king's name,
to the Tower; lest they should make any resistance, and
then to take hostages of them; and to enjoin them to pro-
vide for them victuals and munition. Grey, because the
king removed before Midsummer, had a further reach,
to get a Company of Sword-men to assist the action ;
therefore he would stay till he had obtained a regiment
from Ostend or Austria. So you see these Treasons
were like Sampson's foxes, which were joined in their
tails, though their heads were severed.

^ Eye of the country. 2 Born king.

72 SIR WALTER RALEIGH.

Raleigh : You Gentlemen of the Jury, I pray remem-
ber, I am not charged with the Bye, being the Treason
of the Priest.

Att. : ' You are not. My lords, you shall observe three
things in the Treasons; 1. They had a Watch-word
(the king's safety); their Pretence was Bonum in se;'^
their Intent was Malum in se;^ 2. They avouched
Scripture; both the priests had Scriptum est;* pervert-
ing and ignorantly mistaking the Scriptures: 3. They
avouched the Common Law, to prove that he was no
king until he was crowned; alledging a Statute of 13
Eliz. This, by way of Imitation, hath been the course
of all Traitors.— In the 20th of Edw. 2. Isabella the
Queen, and the lord Mortimer, gave out, that the king's
Person was not safe, for the good of the Church and
Commonwealth. The Bishop of Carlisle did preach on
this Text, 'My head is grieved,' meaning by the Head,
the King; what when the Head began to be negligent,
the people might reform what is amiss. In the 3rd of
Henry 4, sir Roger Clarendon, accompanied with two
priests, gave out, that Richard 2, was alive, when he
was dead. Edward 3 caused Mortimer's head to be cut
off, for giving counsel to murder the king. The 3rd of
Henry 7, sir Henry Stanley found the crown in the
dust, and set it on the king's head: when Fitzwater and
Garrett told him, that Edward 5 was alive, he said, ' If
he be alive, I will assist him.' But this cost him his
head. Edmund de la Pole, duke of Suffolk, killed a

1 The " Att." designated throughout was the Attorney Gen-
eral, Sir Edw. Coke.

2 Good in itself.

3 Bad in itself.
* It is written.

SIR WALTER RALEIGH. YS

man in the reign of king Henry 7, for wliicli tlie king
would have him hold up his hand at the bar, and then
pardoned him: Yet he took such an offence thereat,
that he sent to the noblemen to help to reform the Com-
monwealth; and then said, he would go to France and
get power there. Sir Roger Compton knew all the
Treason, and discovered Windom and others that were
attainted. He said, there was another thing that would
be stood upon, namely, that they had but one Witness.
Then he vouched one Appleyard's Case, a Traitor in
Norfolk, who said, a man must have two accusers.
Helms was the man that accused him; but Mr. Justice
Catlin said, that that Statute was not in force at that
day. His words were 'Thrust her into the ditch.' Then
he went on speaking of Accusers, and made this differ-
ence: an Accuser is a speaker by report, when a Wit-
ness is he that upon his oath shall speak his knowledge
of any man, — A third sort of Evidence there is like-
vnse, and this is held more forcible than either of the
other two; and that is, when a man, by his accusation
of another, shall, by the same accusation, also condemn
himself, and make himself liable to the same fault and
punishment: this is more forcible than many Wit-
nesses. So then so much by way of Imitation. — Then
he defined Treason: There is Treason in the heart, in
the hand, in the mouth, in consummation: comparing
that in corde^ to the root of a tree; in ore,'' to the bud;
in manu^ to the blossom; and that which is in con-
summatione'^ to the fruit. — Now I come to your
Charge, — You of the Jury: the greatness of Treason is

1 In the heart. ^ in the mouth.

3 In the hand. ^ In the consummation.

Y4: SIR WALTER RALEIGH.

to be considered in these two things, Defenninafione
finis, and Electione mediorum.^ This Treason excelleth
in both, for that it was to destroy the king and his
progeny. These Treasons are said to be Crimen laesae
majestatis;' this goeth further and may be termed,
Crimen exterpandce regies majestatis, (& totius progenici
suae? I shall not need, my lords, to speak anything
concerning the King, nor of the bounty and sweetness
of his nature, whose thoughts are innocent, whose
words are full of wisdom and learning, and whose
works are full of honour: although it be a true Saying,
Nimq^uam nimis quod ?iunquam satis.* But to whom
do you bear malice ? to the Children ?

Raleigh: To whom speak you this? You tell me
news I never heard of.

Attorney: Oh, sir, do I? I will prove you the notori-
est Traitor that ever came to the bar. After you have
taken away the King, you would alter Religion: as you
sir Walter Raleigh, have followed them of the Bye in
Imitation: for I will charge you with the words.

Raleigh: Your words cannot condemn me; my in-
nocency is my defence. Prove one of these things
wherewith you have charged me, and I will confiess the
whole Indictment, and that I am the horriblest Traitor
that ever lived, and worthy to be crucified with a thou-
sand thousand torments.

Attorney: Nay, I will prove all: thou art a monster;
thou hast an English face, but a Spanish heart. Now

1 The determination of the end and the choice of means.

2 The crime of injuring Majesty.

3 The crime of destroying his royal Majesty and all his chil-
dren.

* That is never too much which is never enough.

SIR WALTER RALEIGH. V5

you must have Money: Aremberg was no sooner in
England (I charge thee Raleigh) but thou incitest Cob-
liam to go unto him, and to deal with him for Money,
to bestow on discontented persons, to raise Rebellion on
the Kingdom.

Raleigh : Let me answer for myself.

Attorney: Thou shalt not.

Raleigh: It concerneth mj^ life.

L. C. J. : Sir Walter Raleigh, Mr. Attorney is but yet
in the General: but when the king's Counsel have given
the Evidence wholly you shall answer every Particular.

Attorney: Oh! do I touch you?

Lord Cecil: Mr. Attorney, when you have done with
this General Charge, do you not mean to let him answer
every particular?

Attorney: Yes, when we deliver the Proofs to be
read. Raleigh procured Cobham to go to Aremberg,
which he did by his instigation: Raleigh supped with
Cobham before he went to Aremberg; after supper,
Raleigh conducted him to Durham-house; from thence,
Cobham went with Lawrency, a servant of Aremberg's,
unto him, and went in by a back way. Cobham could
never be quiet until he had entertained this motion,
for he had four Letters from Raleigh. Aremberg an-
swered, the Money should be performed, but knew not
to whom it should be distributed. Then Cobham and
Lawrency came back to Durham-house, where they
found Raleigh. Cobham and Raleigh went up, and left
Lawrency below, where they had secret conference in a
gallery; and after, Cobham and Lawrency departed from
Raleigh. Your jargon was Peace: What is that? Span-
ish Invasion, Scotish Subversion. And again, you are

Y6 SIR WALTER RALEIGH.

not a fit man to take so much Money for procuring of
a lawful Peace, for peace procured by Money is dishon-
ourable. Then Cobham must go to Spain, and return
by Jersey, where you were Captain: and then, because
Cobham had not so much policy, or at least wicked-
ness, as you, he must have your advice for the distribu-
tion of the Money. Would you have deposed so good a
king, lineally descended of Elizabeth, eldest daughter of
Edward 4? Why then must you set up another? I
think you meant to make Arabella a Titular Queen, of
whose Title I will speak nothing; but sure you meant
to make her a stale. Ah ! good lady, you could mean
her no good.

Raleigh: You tell me news, Mr. Attorney.

Att.: Oh, sir! I am the more large, because I know
with whom I deal : for we have to deal today with a man
of wit.

Raleigh: Did I ever speak with this lady?

Att. : I will track you out before I have done. Eng-
lishmen will not be led by persuasion of words, but they
must have books to persuade.

Raleigh: The Book was written by a man of your pro-
fession, Mr. Attorney.

Att.: I would not have you impatient.

Raleigh: Methinks you fall out with yourself; I say
nothing.

Att.: By this Book you would persuade men, that he
is not the lawful king. Now let us consider some cir-
cumstances: My lords, you know my lord Cobham (for
whom we all lament and rejoice; lament in that his
house, which hath stood so long unspotted, is now
ruinated; rejoice, in that his Treasons are revealed:) he

SIR WALTER RALEIGH. T7

is neither politician nor sword man; Raleigh was both,
united in the cause with him, and therefore cause of his
destruction. Another circumstance is, the secret con-
triving of it. Humphry Stalibrd claimed Sanctuary for
Treason. Raleigh, in his Machiavelian policy, hath
made a 'Sanctuary for Treason: He must talk with none
but Cobliam; because, saith he, one Witness can never
condemn me. For Brook said unto sir Griffith Mark-
ham, ' Take heed how you do make my lord Cobham
acquainted; for whatsoever he knoweth, Raleigh, the
witch, will get it out of him.' As soon as Raleigh was
examined on one point of Treason concerning my lord
Cobham, he wrote to him thus; ' I have been examined
of you, and confessed nothing.' Further, you sent to
him by your trusty Francis Kemish, that one Witness
could not condemn: and therefore, bad his lordship be
good of courage. Came this out of Cobham's quiver?
No: but out of Raleigh's Machiavelian and devilish pol-
icy. Yes, but Cobham did retract it; why then did ye
urge it? Now then see the most horrible practices that
ever came out of the bottomless pit of the lowest hell.
After that Raleigh had intelligence that Cobham had ac-
cused him, he endeavored to have intelligence from Cob-
ham, which he had gotten by young sir John Payton:
but I think it was the error of his youth.

Raleigh: The lords told it me, or else I had not been
sent to the Tov/er.

Att.: Thus Cobham, by the instigation of Raleigh,
entered into these actions: So that the question will be,
Whether you are not the principal Traitor, and he would
nevertheless have entered into it? Why did Cobham
retract all that same? First, Because Raleigh was so

78 SIR WALTER RALEIGH.

odious, lie thouglit he should fare the worse for his sake.
Secondlj'', he thought thus with himself, If he be free I
shall clear myself the better. After this, Cobham asked
for a Preacher to confer with, pretending to have Dr.
Andrews; but indeed he meant not to have him, but
Mr. Galloway; a worthy and reverend preacher, who
can do more with the king (as he said) than any other;
that he, seeing his constant denial, might inform the
king thereof. Here he plays with the preacher. If
Haleigh could persuade the lords, that Cobham had no
intent to travel, then he thought all should be well.
Here is Forgery! In the Tower Cobham must write to
sir Thomas Vane, a worthy man, that he meant not to
go into Spain: which Letter Raleigh devised in Cob-
ham's name.

Raleigh: I will wash my hands of the Indictment,
and die a true man to the king.

Att. : You are the absolutest Traitor that ever was.

Raleigh : Your phrases will not prove it.

Att. : Cobham writeth a Letter to my lord Cecil, and
doth will Mellis's man to lay it in a Spanish Bible, and
to make as though he found it by chance. This was
after he had intelligence with this viper, that he was
false.

Lord Cecil: You mean a Letter intended to me; I
never had it,

Att. : No, my lord, you had it not. You, my masters
of the jury, respect not the wickedness and hatred of
the man, respect his cause: if he be guilty, I know you
will have care of it, for the preservation of the king, the
continuance of the Gospel authorized, and the good of
us all.

SIR WALTER RALEIGH. 79>

Raleigh : I do not bear yet, that 3-011 have spoken one'
word against me: here is no Treason of mine done: If
my lord Cobham be a Traitor, what is that to me?

Att.: All that he did was by thy instigation, thou
Yiper; for I thou thee, thou Traitor.

Raleigh : It becometh not a man of quality and vir-
tue, to call me so: But I take comfort in it, it is all yoa
can do.

Att.: Have I angered you?

Raleigh: I am in no case to be angry.

C. J. Popham: Sir Walter Raleigh, Mr. Attorney
speaketh out of the zeal of his duty, for the service of
the king, and you for your life; be valiant on both sides,.

THE LOED COBHAm's EXAMINATION".

" He confesseth he had a Passport to go into Spain,
intending to go to the Archduke to confer with him
about these practices; and because he knew the Arch-
duke had not Money to pay his own army, from thence
he meant to go to Spain, to deal with the king for th&
600,000 crowns, and to return by Jersey; and that noth-
ing should be done until he had spoken with sir Walter
Raleigh for distribution of the Money to them which
were discontented in England. At the first beginning,
he breathed out oaths and exclamations against Raleigh,
calling him Villian and Traitor; saying he had never
entered into these courses, but by his instigation, and
that he would never let him alone." — [Here Mr. Attor-
ney willed the Clerk of the Crown-Office to read over
these last words again, ' He would never let him alone.' ]
"Besides he spake of Plots and Invasions; of the par-
ticulars whereof he could give no account, though Ra-

'80 SIR WALTER RALEIGH.

leigh and he had conferred of them. Further he said,
he was afraid of Raleigh, that when he should return
by Jersey, that he would have delivered him and the
Money to the king. Being examined of sir Arthur
Gorge, he freed him, saying. They never durst trust
him: but sir Arthur Savage they intended to use, be-
cause they thought him a fit man."

Raleigh: Let me see the Accusation; This is abso-
lutely all the Evidence can be brought against me; poor
shifts. You Gentlemen of the Jury, I pray you under-
stand this. This is that which must either condemn,
or give me life; which must free me, or send my wife
and children to beg their bread about the streets: This
is that must prove me a notorious Traitor, or a true sub-
ject to the king. Let me see my Accusation, that I
may make my Answer.

Clerk of the Council: I did read it, and shew you all
the Examinations.

Raleigh: At my first Examination at Windsor, my
lords asked me, what I knew of Cobham's practice with
Aremberg, I answered negatively: And as concerning
Arabella, I protest before God, I never heard one word
of it. If that be proved, let me be guilty of ten thou-
sand Treasons. It is a strange thing you will impute
that to me, when I never heard so much as the name of
Arabella Stuart, but only the name of Arabella. — After
being examined, I told my lords, that I thought my lord
Cobham had conference with Arembsrg; I suspected his
visiting of him; for after he departed from me at Dur-
ham-house, I saw him pass by his own stairs, and passed
over to St. Mary Saviours, where I knew Lawrency, a
merchant, and a follower of Aremberg, lay, and there-

SIR WALTER RALEIGH. 81

fore likely to go unto him. My lord Cecil asked my
opinion concerning Lawrency; I said, that if you do not
apprehend Lawrency, it is dangerous, he will fly; if you
do apprehend him, 3'ou shall give my lord Cobhara no-
tice thereof. I was asked who was the greatest man
with my lord Cobham; I answered, I knew no man so
great with him as young Wyat of Kent. — As soon as
Cobham saw my Letter to have discovered his dealing
with Aremberg, in his fury he accused me; but before
he came to the stair-foot he repented, and said he had
done me wrong. When he came to the end of his Ac-
cusation, he added, that if he had brought this money
to Jersey, he feared that I would have delivered him and
the money to the king. Mr. Attorney, you said this
never came out of Cobham's quiver; he is a simple man.
Is he so simple? No; he hath a disposition of his own,
he will not easily be guided by others; but when he has
once taken head in a matter, he is not easily drawn
from it: he is no babe. But it is strange for me to de-
vise with Cobham, that he should go to Spain, to per-
suade the king to disburse so much money, he being a
man of no love in England, and I having resigned my
room of chiefest command, the Wardenship of the Stan-
naries. Is it not strange for me to make myself Robin
Hood, or a Kett, or a Cade? I knowing England to be
in better estate to defend itself than ever it was. I knew
Scotland united; Ireland quieted, wherein of late our
forces were dispersed; Denmark assured, which before
was suspected. I knew that having lost a lady whom
time had surprized, we had now an active king, a lawful
Successor, who would himself be present in all his af-
fairs. The State of Spain was not unknown to me: I

82 SIR WALTER RALEIGH.

had written a Discourse, whicli I had intended to pre-
sent unto the king, against peace with Spain. I knew
the Spaniards had six repulses: three in Ireland, and
three at sea, and once in 1588, at Cales, by my Lord
Admiral. I knew he was discouraged and dishonoured,
I knew the king of Spain to be the proudest prince in
Christendom; but now he cometh creeping to the king
my master for peace. I knew, whereas, before he had in
his port six or seven score sail of ships, he hath now
but six or seven. I knew of 25,000,000 he had from his
Indies, he hath scarce one left. I knew him to be so
poor, that the Jesuits in Spain who were wont to have
such large allowance, were fain to beg at the church-
door. Was it ever read or heard that any prince should
disburse so much money without a sufiicieut pawn? I
knew her own subjects, the citizens of London, would
not lend her majesty money, without lands in mortgage.
I knew the Queen did not lend the States money, with-
out Flushing, Brill, and other towns for a pawn. And
can it be thought, that he would let Cobham have so
great a sum? — I never came to the lord Cobham's, but
about matters of his profit; as the ordering of his house,
paying of his servants board-wages, &c. I had of his,
when I was examined, 4,000Z. worth of jewels for a pur-
chase; a pearl of 3,000/. and a ring worth 500/. If he
had had a fancy to run away, he would not have left so
much to have purchased a lease in fee-farm. I saw him
buy 300/. v/orth of Books to send to his Library at
Canterbury, and a cabinet of 30/. to give to Mr. Attor-
ney, for drawing the conveyances: and God in Heaven
knoweth, not I, whether he intended to travel or no.
But for that practice with Arabella, or letters to Arem-

SIR WALTER RALEIGH. 83

berg framed, or any discourse witli him, or in what
language he spake unto him; if I knew any of these
things, I would absolutely confess the indictment, and
acknowledge myself worthy ten thousand deaths.

COBHAm's SECOITD EXAMINATION" READ.

" The lord Cobham being required to subscribe to an
Examination, there was shewed a Note under sir Walter
Raleigh's hand; the which when he had perused, he
paused, and after brake forth into those Speeches: Oh
Villian! Oh, Traitor! I will now tell you all the truth;
and then said, his purpose was to go into Flanders, and
into Spain, for the obtaining the aforesaid Money; and
that Raleigh had appointed to meet him in Jersey as he
returned home, to be advised of him about the distribu-
tion of the money."

L. C. J. Popham : When Cobham answered to the In-
terrogatories, he made scruple to subscribe; and being
urged to it, he said, if he might hear me afSrm, that a
person of his degree ought to set his hand, he would: I
lying then at Richmond for fear of the Plague, was sent
for, and I told him he ought to subscribe; otherwise, it
were a Contempt of a high nature: then he subscribed.
The Lords questioned with him further, and he shewed
them a Letter, as I thought written to me, but it was
indeed written to my lord Cecil : he desired to see the
Letter again, and then said, ' Oh wretch ! Oh Traitor ! '
whereby I perceived you had not performed that trust
he had reposed in you.

Raleigh: He is as passionate a man as lives; for he
hath not spared the best friends he hath in England in
his passion. My lords, I take it, he that has been exam-

84 SIR WALTER RALEIGH.

ined, lias ever been asked at tlie time of his Examination,
if it be according to his meaning, and then to subscribe.
Methinks, my lords, when he accuses a man, he should
give some account and reason of it: It is not sufficient
to say, we talked of it. If I had been the Plotter, would
not I have given Cobham some arguments, whereby to
persuade the king of Spain, and answer his objections?
I knew Westmoreland and Both well, men of other un-
derstandings than Cobham, were ready to beg their
bread.

Sir Tho. Fowler, one of the Jury: Did sir Walter Ra-
leigh write a Letter to my lord before he was examined
concerning him, or not?

Att.: Yes.

Lord Cecil : I am in great dispute with myself to speak
in the case of this gentleman: A former dearness be-
tween me and him, tyed so firm a knot of my conceit of
his virtues, now broken by a discovery of his imperfec-
tions. I protest, did I serve a king that I knew would
be displeased with me for speaking, in this case I would
speak, whatever came of it; but seeing he is compacted
of piety and justice, and one that will not mislike of any
man for speaking a truth, I will answer your question. —
Sir Walter Raleigh was staid by me at Windsor, upon
the first news of Copley, that the king's Person should
be surprized by my lord Grrey, and Mr. George Brook;
when I found Brook was in, I suspected Cobham, then
I doubted Raleigh to be a partaker. I speak not this,
that it should be thought I had greater judgment than
the rest of my lords, in making this haste to have them
examined. Raleigh following to Windsor, I met with
him upon the Terrace, and willed him, as from the king,

SIR WALTER RALEIGH. 85

to stay; saying, the lords liatl something to say to him:
then he was examined, but not concerning my lord Cob-
ham, but of the surprizing Treason. My lord Grey was
apprehended, and likewise Brook; by Brook we found,
that he had given notice to Cobham of the surprizing
Treason, as he delivered it to us; but as with as much
sparingness of a brother, as he might. We sent for my
lord Cobham to Richmond, where he stood upon his
justification, and his quality; sometimes being froward,
he said he was not bound to subscribe, wherewith we
made the king acquainted. Cobham said, if my L. C.
Justice would say it Avere a Contempt, he would sub-
scribe; whereof being resolved, he subscribed. There
was a light given to Aremberg, that Lawrency was ex-
amined; but that Raleigh knew that Cobham was exam-
ined, is more than I know.

Raleigh: If my lord Cobham had trusted me in the
Main, was not I as fit a man to be trusted in the Bye?

Lord Cecil: Raleigh did by his letters acquaint us that
my lord Cobham had sent Lawrency to Aremberg, when
he knew not he had any dealings with him.

Lord Hen. Howard: It made for you, if Lawrency had
been only acquainted with Cobham, and not with you.
But you knew his whole estate, and were acquainted
with Cobham's practice with Lawrency: and it was
known to you before, that Lawrency depended on Arem-
berg.

Attorney: 1. Raleigh protested against the surprising
Treason. 2. That he knew not of the matter touching
Arabella. I would not charge you, sir Walter, with a
matter of falsehood: you say you suspected the Intelli-
gence that Cobham had with Aremberg by Lawrency.

86 SIR WALTER RALEIGH.

Raleigh: I thought it had been no other Intelligence,
but such as might be warranted.

Attorney: Then it was but lawful suspicion. But to
that whereas you said, that Cobham had accused you in
passion, I answer three ways: 1. I observed when Cob-
ham said. Let me see the Letter again, he paused; and
when he did see that Count Aremberg was touched, he
cried out, Oh Traitor! Oh Villian! now will I confess
the whole truth. 2. The accusation of a man on here-
say, is nothing; would he accuse himself on passion, and
ruinate his case and posterity, out of malice to accuse
you? 3. Could this be out of passion? Mark the man-
ner of it; Cobham had told this at least two months be-
fore to his brother Brook, ' You are fools, you are on
the bye, Raleigh and I are on the main; we mean to
take away the king and his cubs: ' this he delivered two
months before. So mark the manner and the matter;
he would not turn the weapon against his own bosom,
and accuse himself to accuse you.

Raleigh: Hath Cobham confessed that?

L. C. J.: This is spoken b}'- Mr. Attorney to prove
that Cobham's Speech came not out of passion.

Raleigh: Let it be proved that Cobham said so.

Attorney: Cobham saith, he was a long time doubt-
ful of Raleigh, that he would send him and the money
to the king. Did Cobham fear lest you would betray
him in Jersey? Then of necessity there must be Trust
between you. No man can betray a man, but he that
is trusted, in my understanding. This is the greatest
argument to prove that he was acquainted with Cob-
ham's Proceedings. Raleigh has a deeper reach, than
to make himself, as he said, ' Robin Hood, a Kett, or

SIR WALTER RALEIGH. 87

Cade; ' yet I never heard that Robin Hood was a Traitor;
they say he was an outlaw. And whereas he saith that
our king is not only more wealthy and potent than his
predecessors, but also more politic and wise, so that he
could have no hope to prevail; I answer, there is no king
so potent, wise and active, but he may be overtaken
through Treason. Whereas you say Spain is so poor,
discoursing so largely thereof; it had been better for you
to have kept in Guiana, than to have been so well ac-
quainted with the state of Spain. Besides, if you could
have brought Spain and Scotland to have joined, you
might have hoped to prevail a great deal the better.
For his six Overthrows, I answer, he hath the more
malice, because repulses breed desire of revenge. Then
you say you never talked with Cobham, but about
leases, and letting lands, and ordering his house; I never
knew you Clerk of the Kitchen, &c. If you had fallen
on your knees at first, and confessed the Treason, it had
been better for you. You say, he meant to have given
me a Cabinet of 30/.; perhaps he thought by those
means to have anticipated me therewith. But you say
all these are Circumstances: I answer, all this Accusa-
tion in Circumstance is true. Here now I might appeal
to my lords, that you take hold of this, that he sub-
scribed not to the Accusation.

Lord Hen. Howard: Cobham was not then pressed to
subscribe.

Attorney: His Accusation being testified by the lords,
is of as great force, as if he had subscribed. Raleigh
saith again, if the Accuser be alive he must be brought
face to face to speak; and alledges, 25 Edw. 3rd that
there must be two sufficient Witnesses, that must be

88 SIR WALTER RALEIGH.

brought face to face before the accused; and alledgeth
10 and 13 Elizabeth.

Raleigh: You try me by the Spanish Inquisition, if
you proceed only by the Circumstances, without two
Witnesses.

Attorney: This is a treasonable speech.

Raleigh: Evertere Hominem justum in causa sua in-
justum est} Good my lords, let it be proved, either by
the laws of the land, or the laws of God, that there
ought not to be two Witnesses appointed; yet I will
not stand to defend this point in law, if the king will
have it so: it is no rare thing for a man to be falsely
accused. A Judge condemned a woman in Sarum for
killing her husband on the testimony of one Witness;
afterwards his man confessed the Murder, when she
was executed; who after being touched in conscience
for the Judgment, was used to say, Quod numquam de
hoc facto animan in vita sua purgaret} It is also com-
manded by the Scripture; Allocutus est Jehova Mosen^
in Ore duorum aut trium Testium,^ &c. If Christ re-
quireth it, as it appeareth. Mat, xviii. if by the Canon,
Civil Law, and God's Word, it be required, that there
must be two Witnesses at the least; bear with me if I
desire one. I would not desire to live if I were privy to
Cobham's Proceedings. I have been a slave, a villian,
a fool, if I had endeavoured to set up Arabella, and re-
fused so gracious a lord and sovereign. But urge your
proofs.

1 It is vmjust to overthrow an honest man in his own cause.

2 That he could never purge his soul of this act.

3 Jehovah said to Moses, by the mouth of two or three wit-
nesses, &c. &c.

SIR WALTER RALEIGH. 89

L. C. Justice: You have offered Questions on diverse
Statutes, all which mention two accusers in case of In-
dictments: you have deceived yourself, for the laws of
25 Edw. 3d, and 5 Edw. 6th are repealed. It sufQceth
now if there be Proofs made either underhand, or by
testimony of Witnesses, or by oaths; it needs not the
Subscription of the party, so there be hands of credible
men to testify the Examination.

Raleigh: It may be an error in me; and if those laws
be repealed, yet I hope the equity of them remains still ;^
but if you affirm it, it must be a law to posterity. The
Proof of the Common Law is by witness and jury: let
Cobham be here, let him speak it. Call my accuser be-
fore my face, and I have done.

Attorney : Scientia sceleris est mera ignorantia. ^ You
have read the letter of the law, but understand it not.
Here was your anchorhold, and your rendezvous: you
trust to Cobham, either Cobham must accuse you, or
nobody; if he did, then it would not hurt you, because
be is but one Witness; if he did not, then you are safe.

Raleigh: If I ever read a word of the law or statutes
before I was a Prisoner in the Tower, God confound me.

Attorney: Now I come to prove the Circumstances
of the Accusation to be true. Cobham confessed he had
a Pass-port to travel, hereby intending to present over-
tures to the Arch-Duke, and from thence to go to Spain,
and there to have conference with the king for Money.
You say he promised to come home by Jersey, to make
merry with you and your wif ?.

Raleigh : I said in his return from France, not Spain.

1 The knowledge of wickedness is pure ignoranca

^0 SIR WALTER RALEIGH.

Attorney: Further in his Examination, he saith,
nothing could be set down for the Distribution of the
Money to the discontented, without conference with
Raleigh. You said it should have been for procurement
of Peace, but it was for raising Rebellion. Further,
Cobham saith, he would never have entered into these
courses, but by your instigation, and that you would
never let him alone. Your scholar was not apt enough
to tell us all the Plots; that is enough for you to do,
that are his master. You intended to trust sir Arthur
Savage, whom I take to be an honest and true gentle-
man, but not sir Arthur Gorge.

Raleigh: All this is but one Accusation of Cobham's,
I hear no other thing; to which Accusation he never
subscribed nor avouched it. I beseech you, my lords,
let Cobham be sent for, charge him on his soul, on his
allegiance to the king; if he affirm it, I am guilty.

Lord Cecil: It is the Accusation of my lord Cobham,
it is the Evidence against you: must it not be of force
without his subscription? I desire to be resolved by
the Judges, whether by the law it is not a forcible argu-
ment of evidence.

Judges : My lord, it is.

Raleigh : The king at his coronation is sworn In om-
nibus Judiciis suis aequitatem, non rigorem Legis, oh-
servare.^ By the rigour and cruelty of the law it may
be a forcible evidence.

L. C. J.: This is not the rigour of the law, but the
justice of the law; else when a man hath made a plain

iTo observe equity in all his judgments, not the rigor of the
law.

SIR WALTER RALEIGH. 91

Accusation, by practice he might be brought to retract
it again.

Raleigh: Oh my lord, you may use equity.

L. C. J.: That is from the king; you are to have jus-
tice from us.

Lord Anderson : The law is, if the matter be proved
to the jury, they must find you guilty; for Cobham's
Accusation is not only against you, there are other
things sufficient.

Lord Cecil: Now that sir Walter Raleigh is satisfied
that Cobham's Subscription is not necessary, I pray
you, Mr. Attorney, go on.

Raleigh: Good Mr. Attorney, be patient, and give me
leave.

Lord Cecil: An unnecessary patience is a hindrance;
let him go on with his proofs, and then refel them.

Raleigh: I would answer particularly.

Lord Cecil: If you would have a table and pen and
ink, you shall.

Then paper and ink was given him. Here the Clerk
of the Crown read the Letter, which the lord Cobham
did write in July, which was to the effect of his former
Examination; further saying, I have disclosed all: to
accuse anyone falsely, were to burden my own con-
science.

Attorney: Read Copley's Confession the 8th of June;
He saith, he was offered 1000 crowns to be in this ac-
tion.

Here Watson's Additions were read. ' The great mass
of Money from the count was impossible,' &c.

Brook's Confession read : ' There have Letters passed,
saith he, between Cobham and Aremberg, for a great

92 SIR WALTER RALEIGH.

sum of Money to assist a second action, for tlie surpriz-
ing of his majesty.'

Attorney: It is not possible it was of passion: for it
was in talk before tbree men, being severally examined,
who agreed in the sum to be bestowed on discontented
persons; That Grey should have 12,000 crowns, and
Raleigh should have 8,000, or 10,000 crowns.

COBHAJf's EXAMIisTATION", JULY 18.

" If the money might be procured (saith he) then a
man may give pensions. Being asked if a pension should
not be given his brother Brook, he denied it not."

LAWEENCt's EXAMDS'ATIOIS'.

" Within five days after Aremberg arrived, Cobham
resorted unto him. That night that Cobham went to
Aremberg with Lawrency, Raleigh supped with him."

Attorney: Raleigh must have his part of the Money,
therefore now he is a traitor. The crown shall never
stand one year on the head of the king (my master) if
a Traitor may not be condemned by Circumstances: for
if A. tells B. and B. tells C. and C. D. &c. you shall never
prove Treason by two Witnesses.

ealeigh's examiitatigjs" was eead.

He confesseth Cobham offered him 8000 crowns, which
he was to have for the furtherance of the Peace between
England and Spain, and that he should have it within
three daj^s. To which he said, he gave this answer;
When I see the Money, I will tell you more: for I had
thought it had been one of his ordinary idle conceits,
and therefore made no Account thereof.

SIR WALTER RALEIGH. 93

Raleigh: Tlie Attorney liath made a long narration
of Copley, and the Priests, which concerns me nothing,
neither know I how Cobham was altered. For he told
me if I would agree to further the Peace, he would get
me 8000 crowns. I asked him. Who shall have the rest
of the Money? He said I will offer such a nobleman
(who was not named) some of the Money. I said, he
will not be persuaded by you, and he will extremely
hate you for such a motion. Let me be pinched to death
with hot irons, if I ever knew there was any intention
to bestow the money on discontented persons. I had
made a discourse against the Peace, and would have
printed it; if Cobham changed his mind, if the Priests,
if Brook had any such intent, what is that to me? They
must answer for it. He offered me the Money before
Aremberg came, that is difference of time.

Serj. Philips: Raleigh confesseth the matter, but
avoideth it by distinguishing of times. You said it was
offered you before the coming of Aremberg, which is
false. For you being examined whether you should
have such Money of Cobham, or not; you said. Yea,
and that you should have it within two or three days.
Nem moritiirus praesumitur mentirV

Ld. Hen. Howard: Alledge me any ground or cause,
wherefore you gave ear to my lord Cobham for receiv-
ing Pensions, in matters you had not to deal with.

Raleigh: Could I stop my Lord Cobham's mouth?

Ld. Cecil: Sir Walter Raleigh presseth, that my lord
Cobham should be brought face to face. If he asks
things of favour and grace, they must come only from

1 No one about to die is supposed to lie.

94 SIR WALTER RALEIGH.

him tliat can give tliem. If we sit here as commission-
ers, how shall we be satisfied whether he ought to be
brought, unless we hear the Judges speak?

L. C. J.: This thing cannot be granted for then a
number of Treasons should flourish: the Accuser may
be drawn by practice, whilst he is in person.

Justice Gawdy: The Statute you speak of concerning
two Witnesses in case of Treason, is found to be incon-
venient, therefore by another law it was taken away.

Raleigh: The common Trial of England is by Jury
and Witnesses.

L. C. J.: No, by Examination: if three conspire a
Treason, and they all confess it; here is never a Witness,
yet they are condemned.

Justice Warburton: I marvel, sir Walter, that you
being of such experience and wdt, should stand on this
point; for so many horse-stealers ma}^ escape, if they
may not be condemned without witnesses. If one should
rush into the king's Privy-Chamber, whilst he is alone,
and kill the king (which God forbid) and this man be
met coming with his sword drawn all bloody; shall not
he be condemned to death? My lord Cobham hath, per-
haps, been laboured withal; and to save you, his old
friend, it may be that he will deny all that which he
hath said.

Raleigh: I know not how you conceive the Law.

L. C. J. : Nay, we do not conceive the Law, but we
know the Law.

Raleigh: The wisdom of the Law of God is absolute
and perfect, Ilaecfac et vives,^ &c. But now by the Wis-

1 Do this, and thou shalt liva

SIR WALTER RALEIGH. 95

dom of tlie State, the Wisdom of the Law is uncertain.
Indeed, where the Accuser is not to be had conveniently,
I agree with you ; but here my Accuser may; he is alive,
and in the house. Susanna had been condemned, if
Daniel had not cried out, ' Will you condemn an in-
nocent Israelite, without examination or knowledge of
the truth ? ' Remember, it is absolutely the Command-
ment of God: If a false witness rise up, you shall cause
him to be brought before the Judges; if he be found
false, he shall have the punishment which the accused
should have had. It is very sure, for my lord to accuse
me in my certain danger, and it may be a means to ex-
cuse himself.

L. C. J. : There must not such a gap be opened for the
destruction of the king, as would be if we should grant
this. You plead hard for yourself, but the laws plead
as hard for the king. I did never hear that course to
be taken in a case of Treason, as to write one ta
another, or speak one to another, during the time of
their imprisonment. There hath been intelligence be-
tween you; and what under-hand practices there may
be, I know not. If the Circumstances agree not with
the Evidence, we will not condemn you.

Raleigh: The king desires nothing but the knowledge
of the truth, and would have no advantage taken by
severity of the law. If ever we had a gracious king,
now we have; I hope, as he is, such are his ministers.
If there be but a trial of five marks at Common Law, a
witness must be deposed. Good my lords, let my Ac-
cuser come face to face, and be deposed.

L. C. J.: You have no law for it; God forbid any man
should accuse himself upon his oath.

96 SIR WALTER RALEIGH.

Attorney: The law presumes, a man will not accuse
liimself to accuse another. You are an odious man: for
Cobham thinks his cause the worse that you are in it.
Now you shall hear of some stirs to be raised in Scot-
land.

PAET OF Copley's examinatigis'.

" Also Watson told me, that a special person told
him, that Aremberg offered to him 1000 crowns to be
in that action; and that Brook said, the stirs in Scot-
land came out of Raleigh's head."

Raleigh : Brook hath been taught his Lesson.

Ld. Hen. Howard: This Examination was taken be-
fore. Did I teach him his Lesson ?

Raleigh: I protest before God, I meant it not by any
privy-counsellor; but because money is scant he will
juggle on both sides.

KALEIGh's EXAMINATIOlir.

" The way to invade England, were to begin with
,Stirs in Scotland."

Raleigh: I think so still: I have spoken it to divers
■of the Lords of the Council, by way of discourse and
opinion.

Attorney: Now let us come to those words 'of de-
stroying the king and his cubs.'

Raleigh: 0 barbarous! If they, like unnatural villians,
should use those words, shall I be charged with them?
I will not hear it; I was never any Plotter with them
against my country, I was never false to the crown of
England. I have spent 4000 pounds of my own against
the Spanish Faction, for the good of my country. Do

SIR WALTER RALEIGH. 9T

you bring the words of these hellish spiders, Clark, Wat-
son, and others against me?

Attorney: Thou hast a Spanish heart, and thyself art
a Spider of Hell; for thou confesseth the king to be a
most sweet and gracious prince, and yet hast conspired
against him.

Watson's examination" read.

" He said, that George Brook told him twice. That his
brother, the lord Cobham, said to him, that j'ou are but
on the bye, but Raleigh and I are on the main."

brook's examination read.

" Being asked what was meant by this Jargon, the Bye
and the Main? he said. That the lord Cobham told him,
that Grey and others were in the Bye, he and Raleigh
were on the Main. Being asked, what exposition his
brother made of these words? He said, he is loath to
repeat it. And after saith, by the main was meant the
taking away of the king and his issue; and thinks on his
conscience, it was infused into his brother's head by
Raleigh."

cobham's examination read.

"Being asked, if ever he had said, 'it will never be
well in England, till the king and his cubs were taken
away;' he said, he had ansAvered before, and that he
would answer no more to that point,"

Raleigh: I am not named in all this; there is a law of
two sorts of Accusers; one of his own knowledge, an-
other by hear-say.

E. of Suffolk: See the Case of Arnold.
7

98 SIR WALTER RALEIGH.

L. C. J: It is the Case of sir Will. Thomas, and sir
Nicholas Arnold.

Raleigh: If this may be, you will have any man's life
in a week.

Attorney: Raleigh saith, that Cobham was in a pas-
sion when he said so. Would he tell his brother any-
thing of malice against Raleigh, whom he loved as his
life?

Raleigh: Brook never loved me; until his brother had
accused me he said nothing.

Ld. Cecil : We have heard nothing that might lead us
to think that Brook accused you, he was only in the
surprizing Treason : for by accusing you he should ac-
cuse his brother.

Raleigh: He doth not much care for that.

Ld. Cecil : I must judge the best. The accusation of
his brother was not voluntary; he pared everything as
much as he could to save his brother.

COBHAm's EXAMIlfATIGN" BEAD.

" He saith he had a Book written against the Title of
the King, which he had of Raleigh, and that he gave it
to his brother Brook: and Raleigh said it was foolishly
written."

Attorney: After the king came within 12 miles of
London, Cobham never came to see him; and intended
to travel without seeing the queen and the prince. Now
in this discontentment you gave him the Book, and he
gave it to his brother.

Raleigh: I never gave it him, he took it off my table.
For I well remember before that time I received a Chal-

SIR WALTER RALEIGH. 99

lenge from sir Amias Preston, and for that I did intend
to answer it, I resolved to leave my estate settled, there-
fore laid out all my loose Papers, amongst which was
this Book.

Ld. Howard: Where had you this Book?

Raleigh : In the old Lord Treasurer's Study, after his
death.

Ld. Cecil: Did you ever shew or make known the
Book to me?

Raleigh: No, my lord.

Ld. Cecil : Was it one of the Books which was left to
me or my brother?

Raleigh : I took it out of the study in my Lord Treas-
urer's house in the Strand.

Ld. Cecil: After my father's decease, sir Walter
Raleigh desired to search for some Cosmographical de-
scriptions of the Indies, which he thought were in his
Study, and were not to be had in print; which I
granted, and would have trusted sir Walter Raleigh as
soon as any man: though since for some infirmities,
the bands of my affection to him have been broken; and
yet reserving my duty to the king my master, which I
can by no means dispense with, by God, I love him, and
have a great conflict within myself: but I must needs
say, sir Walter used me a little unkindly to take the
Book away without my knowledge: nevertheless, I need
make no apology in behalf of my father, considering
how useful and necessary it is for privy-counsellors and
those in his place to intercept and keep such kind of
writings; for whosoever should then search his study
may in all likelihood find all the Notorious Libels that
•were writ against the late queen; and whosoever should

100 SIR WALTER RALEIGH.

rummage my Study, or at least my Cabinet, may find
several against the king, our Sovereign Lord, since his
accession to the throne.

Raleigh: The Book was in Manuscript, and the late
Lord Treasurer had wrote in the beginning of it with
his own Hand, these words, ' This is the Book of Robert
Snagg.' And I do own, as my lord Cecil has said, that
I believe they may also find in my house almost all the
Libels that have been writ against the late queen.

Att.: You were no privy-counsellor, and I hope never
shall be.

Ld. Cecil: He was not a sworn counsellor of state,
but he has been called to consultations.

Raleigh: I think it a very severe interpretation of
the law, to bring me within compass of Treason for this
Book, writ so long ago, of which nobody had read any
more than the Heads of the Chapters, and which was
burnt by Gr. Brook without my privity; admitting I had
delivered the same to lord Cobham, without allowing
or approving, but discommending it, according to Cob-
ham's first Accusation : and put the case, I should come
to my lord Cecil, as I have often done, and find a
stranger with him, with a packet of Libels, and my lord
should let me have one or two of them to peruse: this
I hope is no Treason.

Att.: I observe there was intelligence between you
and Cobham in the Tower; for after he said it was
against the king's Title, he denied it again.

Sir W. Wade: First, my lord Cobham confesseth it,
and after he had subscribed it, he revoked it again: to
me he always said, that the drift of it was against the
king's Title.

SIR WALTER RALEIGH. 101'

Raleigh: I protest before God, and all his works, I
give him not the Book.

Note: Sir Robert Wroth speaketh, or whispereth
something secretly.

Attorney: My lords, I must complain of Sir Robert
Wroth; he says this Evidence is not material.

Sir R. Wroth: I never spake the words.

Att.: Let Mr, serjeant Philips testify whether he
heard him say the words or no.

Ld. Cecil : I will give my word for sir R. Wroth.

Sir R. Wroth: I will speak as truly as you, Mr. At-
torney, for by God I never spake it.

L. C. J.: Wherefore should this Book be burnt?

Raleigh: I burned it not.

Serj. Phillips: You presented your friend with it
when he was discontented. If it had been before the
queen's death, it had been a less matter; but you gave
it him presently when he came from the king, which
was the time of his discontentment.

Raleigh: Here is a Book supposed to be treasonable;
I never read it, commended it, or delivered it, nor
urged it."

Attorney: Why this is cunning.

Raleigh: Everything that doth make for me is cun-
ning, and everything that maketh against me is prob-
able.

Att.: Lord Cobham saith, that Kemish came to him
with a letter torn, and did wish him not to be dismayed,
for one witness could not hurt him.

Raleigh: This poor man hath been close prisoner
these 18 weeks; he was offered the rack to make him
confess. I never sent any such message by him; I only

102 SIR WALTER RALEIGH.

writ to him to tell him what I had done with Mr. At-
torney; having of his at that time a great pearl and a
diamond.

Ld. H. Howard: No circumstance moreth me more
than this. Kemish was never on the rack, the king
gave charge that no rigour should be used.

Commissioners : We protest before Grod, there was no
such matter intended to our knowledge.

Raleigh: Was not the Keeper of the Rack sent for,
and he threatened with it?

Sir W. Wade: When Mr. Solicitor and myself ex-
amined Kemish, we told him that he deserved the Rack,
but did not threaten him with it.

Commissioners: It was more than we knew.

COBHAM's EXAMIN"ATI0N" eead.

" He saith, Kemish brought him a letter from Raleigh,
and that part which was concerning the Lords of the
Council was rent out; the Letter contained that he was
examined, and cleared himself of all; and that the lord
H. Howard said, because he was discontent, he was fit
to be in the action. And further that Kemish said to
him from Raleigh, that he should be of good comfort,
for one witness could not condemn a man for treason."

Ld. Cecil: Cobham was asked, whether, and when he
heard from you ? He said, every day.

Raleigh: Kemish added more, I never bade him speak
those words.

Note: Mr. Attorney here oflfered to interrupt him.

Ld. Cecil: It is his last Discourse; give him leave, Mr.
Attorney.

SIR WALTER RALEIGH. 103

Raleigh : I am accused concerning Arabella, concern-
ing Money out of Spain. My Lord Chief Justice saith,
a man may be condemned with one Witness, yea, with-
out any Witness. Cobham is guilty of many things,
Conscientia mille testes; ^ he hath accused himself, what
can he hope for but mercy? My lords, vouchsafe me
this grace: let him be brought, being alive, and in the
house; let him avouch any of these things, I will con-
fess the whole Indictment, and renounce the king's
mercy.

Ld. Cecil : Here hath been a touch of the lady Ara-
bella Stuart, a near kinswoman of the king's. Let us
not scandal the innocent by confusion of speech : she is
as innocent of all these things as I, or any man here;
only she received a Letter from my lord Cobham, to pre-
pare her; which she laughed at, and immediately sent
it to the king. So far was she from discontentment,
that she laughed him to scorn. But you see how far the
count of Aremberg did consent.

The Lord Admiral (Nottingham) being by in a Stand-
ing, with the lady Arabella, spake to the court: The
lady doth here protest upon her salvation, that she never
dealt in any of these things; and she so willed me to tell
the court.

Ld. Cecil: The lord Cobham wrote to my lady Ara-
bella, to know if he might come to speak with her, and
gave her to understand, that there was some about the
king that laboured to disgrace her; she doubted it was
but a trick. But Brook saith, his brother moved him
to procure Arabella to write Letters to the king of Spain;
but he saith, he never did it.

1 Conscience is a tiiousand witnesses.

104 SIR WALTER RALEIGH.

Raleigli: The lord Cobham hath accused me, you see
in what manner he hath forsworn it. Were it not for
his Accusation, all this were nothing. Let him be asked,
if I knew of the letter which Lawrency brought to him
from Aremberg. Let me speak for my life, it can be no
hurt for him to be brought ; he dares not accuse me. If
you grant me not this favour, I am strangely used;
Campain was not denied to have his accusers face to
face.

L. C. J.: Since he must needs have justice, the ac-
quitting of his old friend may move him to speak other-
wise than the truth.

Raleigh : If I had been the infuser of all these Trea-
sons into him; you Gentlemen of the Jury, mark this,
he said I have been the cause of all his miseries, and the
destruction of his house, and that all evil hath happened
unto him by my wicked counsel: if this be true, whom
hath he cause to accuse and to be revenged on, but on
me ? And I know him to be as revengful as any man
on earth.

Attorney: He is a party, and may not come; the law
is against it.

Raleigh: It is a toy to tell me of law; I defy such law,
I stand on the fact.

Ld. Cecil: I am afraid my often speaking (who am
inferior to my lords here present) will make the world
think I delight to hear myself talk. My affection to
you, sir Walter, was not extinguished, but slaked, in
regard of your deserts. You know the law of the realm
(to which your mind doth not contest), that my lord
Cobham cannot be brought.

Raleigh: He may be, my lord.

TY

SIR WALTER RALEIGH. 105

Ld. Cecil: But dare you challenge it?

Raleigh: No.

Lord Cecil: You say that my lord Cobham, your main
accuser, must come to accuse you. You say he hath
retracted. I say many particulars are not retracted.
"What the validity of all this is, is merely left to the
Jury. Let me ask you this, if my lord Cobham will say
you were the only instigator of him to proceed in the
Treasons, dare you put yourself on this?

Raleigh: If he will speak it before God and the king,
that ever I knew of Arabella's matter, or the Money out
of Spain, or of the surprizing Treason; I put myself on
it, God's will and the king's be done with me.

Lord H. Howard: How! if he speak things equiva/-
lent to that you have said?

Raleigh: Yes, in the main point.

Lord Cecil: If he say, you have been the instigator of
him to deal with the Spanish king, had not the council
cause to draw you hither ?

Raleigh: I put myself on it.

Lord Cecil: Then, sir Walter, call upon God, and
prepare yourself; for I do verily believe my lords will
prove this. Excepting your faults (I call them no worse),
by God, I am your friend. The heat and passion in you,
and the Attorney's zeal in the king's service, makes me
speak this.

Raleigh: Whosoever is the workman, it is reason he
should give an account of his work to the work-master.
But let it be proved that he acquainted me with any of
his conferences with Aremberg: he would surely have
given me some account.

106 SIR WALTER RALEIGH.

Lord Cecil: That follows not: If I set you on work,
and you give me no account, am I therefore innocent?

Att.: For the lady Arabella, I said she was never ac-
quainted with the matter. Now that Raleigh had con-
ference in all these Treasons, it is manifest. The Jury
hath heard the matter. There is one Dyer a pilot, that
being in Lisbon, met with a Portugal gentleman who
asked him if the king of England was crowned yet: To
whom he answered, ' I think not yet, but he shall be
shortly.' Nay, saith the Portugal, that shall never be,
for his throat will be cut by Don Raleigh and Don Cob-
ham before he be crowned.

Dyer was called and sworn, and delivered this Evi-
dence.

Dyer: I came to a merchant's house in Lisbon, to see
a boy I had there; there came a gentleman into the
house, and enquiring what countryman I was, I said,
an Englishman. Whereupon he asked me, if the king
was crowned? And I answered. No, but that I hopes
he should be so shortly. Nay, saith he, he shall never
be crowned; for Don Raleigh and Don Cobham will cut
his throat ere that day come.

Raleigh : What infer you upon this ?

Att. : That your Treason hath wings.

Raleigh: If Cobham did practice with Aremberg, how
could it not but be known in Spain? Why did they
name the duke of Buckingham with Jack Straw's Trea-
son, and the duke of York with Jack Cade, but that it
was to countenance his Treason ? Consider, you Gentle-
men of the Jury, there is no cause so doubtful which
the king's counsel cannot make good against the law.
■Consider my disability, and their ability: they prove

SIR WALTER RALEIGH. lOT

nothing against me, only they bring the Accusation of
my lord Cobham, which he hath lamented and repented
as heartily, as if it had been for an horrible murder: for
he knew that all this sorrow which should come to
me, is by his means. Presumptions must proceed from
precedent or subsequent facts. I have spent 40,000
crowns against the Spaniards. I had not purchased 40
pounds a year. If I had died in Guiana, I had not left
300 marks a year to my wife and son. I that have al-
ways condemned the Spanish Faction, methinks it is a
strange thing that now I should affect it! Remember
what St. Austin says. Sic judicate tanquam ah alio mox
judicandi; unus judex^ imum Tribunal.^ If you would
be contented on presumptions to be delivered up to be
slaughtered, to have your wives and children turned
into the streets to beg their bread; if you would be con-
tented to be so judged, judge so of me.

Serj. Philips: I hope to make this so clear as that the
wit of man shall have no colour to answer it. The mat-
ter is Treason in the highest degree, the end to deprive
the king of his crown. The particular Treasons are
these: first, to raise up Rebellion, and to affect that, to
procure Money; to raise up Tumults in Scotland, by
divulging a treasonable Book against the king's right
to the crown ; the purpose, to take away the life of his
majesty and his issue. My lord Cobham confesseth sir
Walter to be guilty of all these Treasons. The question
is, whether he be guilty as joining with him, or in-
stigating of him? The course to prove this, was by my

• 1 So judge, as if you were soon to be judged by another; one
Judge, one Tribunal

108 SIR WALTER RALEIGH.

lord Cobham's Accusation. If that be true, be is guilty :
if not, be is clear. So wbetber Cobbam say true, or
Raleigb, tbat is tbe question. Raleigbbatb no answer
but tbe sbadow of as mucb wit, as tbe wit of man can
devise. He usetb bis bare denial; tbe denial of a Defend-
ant must not move tbe Jury. In tbe Star Cbamber,
or in tbe Cbancery, for matter of Title, if tbe Defendant
be called in question, bis denial on bis oath is no Evi-
dence to tbe Court to clear bim, be dotb it in propria
causa; ' tberefore mucb less in matters of Treason. Cob-
bam's testification against bim before tbem, and since,
batb been largely discoursed.

Raleigb: If trutb be constant, and constancy be in
trutb, wby batb be forsworn tbat tbat be batb said?
You bave not proved any one tbing against me by di-
rect proofs, but all by circumstances.

Att.: Have you done? The king must have the last.

Raleigb: Nay, Mr. Attorney, be which speaketh for
bis life, must speak last. False repetitions and mis-
takings must not mar my cause. You should speak
secundum allegata et probata.'^ I appeal to God and tbe
king in this point, whether Cobham's Accusation be
sufficient to condemn me.

Att.: Tbe king's safety and your clearing cannot
agree. I protest before God, I never knew a clearer
Treason.

Raleigb: I never bad intelligence with Cobbam since
I came to the Tower.

Att.: Go to, I will lay thee upon thy back, for the

1 In his own cause.

2 According to tilings alleged and things proved.

SIR WALTER RALEIGH. 109

confidentest Traitor that ever came at a bar. Why
should you take 8,000 crowns for a peace?

Lord Cecil: Be not so impatient, good Mr. Attorney,
give him leave to speak.

Att.: If I may not be patiently heard, you will en-
courage Traitors, and discourage us. I am the king's
sworn servant, and must speak; If he be guilty, he is a
Traitor; if not, deliver him.

Note: Here Mr. Attorney sat down in a chafe, and
would speak no more, until the Commissioners urged
and entreated him. After much ado, he went on, and
made a long repetition of all the Evidence, for the di-
rection of the Jury; and at the repeating of some things,
sir Walter Raleigh interrupted him, and said, he did
him wrong.

Att.: Thou art the most vile and execrable Traitor
that ever lived.

Raleigh: You speak indiscreetly, barbarously and un-
civilly.

Att. : I want words sufficient to express thy viperous
Treasons.

Raleigh: I think j^ou want words indeed, for you
have spoken one thing half a dozen times.

Att.: Thou are an odious fellow, thy name is hateful
to all the realm of England for thy pride.

Raleigh: It will go near to prove a measuring cast be-
tween you and me, Mr. Attorney.

Att.: Well, I will now make it appear to the world,
that there never lived a viler viper upon the face of the
earth than thou. And therewithal he drew a Letter out
of his pocket, saying further. My lords, you shall see,
this is an Agent that hath writ a Treatise against the

110 SIR WALTER RALEIGH.

Spaniards, and "hath ever so detested him; this is he that
hath spent so much Money against him in service; and
yet you shall all see vv^hether his heart be not wholly
Spanish. The lord Cobham, who of his own nature was
a good and honourable gentleman, till overtaken by this
wretch, now finding his conscience heavil}^ burdened
with some courses which the subtility of this Traitor
had drawn him into; my lords, he could be at no rest
with himself, nor quiet in his thoughts, until he was
eased of that heavy weight: out of which passion of his
mind, and discharge of his duty to his prince, and his
conscience to God, taking it upon his salvation that he
wrote nothing but the truth, with his own hands he
wrote this Letter. Now, sir, you shall see whether you
had intelligence with Cobham, within four days before
lie came to the Tower. If he be wholly Spanish, that
desired a Pension of 1500/. a year from Spain, that Spain
by him might bave intelligence, then Raleigh is a Trai-
tor: He hath taken an apple, and pinned a Letter unto
it, and threw it into my lord Cobham's window; the
contents whereof were this, ' It is doubtful whether we
shall be proceeded with or no, perhaps you shall not be
tried.' This was to get a retraction. Oh ! it was Adam's
apple, whereby the devil did deceive him. Further, he
wrote thus, ' Do not as my lord of Essex did; take heed
of a Preacher; for by his persuasion he confessed, and
made himself guilty.' I doubt not but this day God
shall have as great a conquest by this Traitor, and the
Son of God shall be as much glorified, as when it was
said, Vicisti, Galilaee;^ you know my meaning. What

1 Thou hast conquered, Galilean.

SIR WALTER RALEIGH. Ill

though Cobham retracted, yet he could not rest nor
sleep till he confirmed it again. If this be not enough
to prove him Traitor, the king my master shall not live
three years to an end.

Note: Here Mr. Attorney produced the Lord Cob-
ham's Letter, and as he read it, inserted some speeches.

" I have thought fit to set down this to my lords,
wherein I protest on my soul to write nothing but th&
truth. I am now come near the period of my time,
therefore I confess the whole truth before God and his
angels. Raleigh, four days before I came from the
Tower, caused an apple" (Eve's apple) "to be thrown
in at my chamber window; the effect of it was, to in-
treat me to right the wrong that I had done him, in
saying, 'that I should have come home by Jersey;^
which under my hand to him I have retracted. His
first Letter I answered not, which was thrown in the
same manner; wherein he prayed me to write him a
Letter, which I did. He sent me word, that the Judges
met at Mr. Attorney's house, and that there was good
hope the proceedings against us should be stayed: he
sent me another time a little tobacco. At Aremberg's
coming, Raleigh was to have procured a pension of
1500/. a year, for which he promised, that no action
should be against Spain, the Low Countries, or the In-
dies, but he would give knowledge before hand. He
told me, the States had audience with the king." — (At-
torney: "Ah! Is not this a Spanish heart in an Eng-
lish body?") "He hath been the original cause of my
ruin; for I had no dealing with Aremberg, but by his
instigation. He hath also been the cause of my discon-
tentment; he advised me not to be overtaken with

112 SIR WALTER RALEIGH.

preachers, as Essex was; and that the king would bet-
ter allow of a constant denial, than to accuse any."

Att.: Oh, damnable atheist! He hath learned some
Text of Scripture to serve his own purpose, but falsely
alledged. He counsels him not to be counselled by
preachers, as Essex was: He dies the child of God,
God honoured him at his death; thou wast by when he
died: Et lupus et turpes instant morientibus TJrsae}
He died indeed for his offence. The king himself spake
these words ;"He that shall say, Essex died not for Trea-
son, is punishable."

Raleigh: You have heard a strange tale of a strange
man. Now he thinks, he hath matter enough to de-
stroy me; but the king and all of you shall witness, by
our deaths, which of us was the ruin of the other. I
Hd a poor fellow throw in the Letter at his window,
written to this purpose; 'You know you have undone
me, now write three lines to justify me.' In this I will
die, that he hath done me wrong. Why did not he ac-
quaint him with my dispositions?

L. J. C: But what say you now of the Letter, and
the Pension of 1500/. per annum ?

Raleigh: I say, that Cobham is abase, dishonourable,
poor soul.

Att.: Is he base? I return it into thy throat on his
behalf: But for thee he had been a good subject.

L. C. J. : I perceive you are not so clear a man, as you
have protested all this while; for you should have dis-
covered these matters to the king.

iBoth the wolf and the loathsome she-bears press around
those dying.

SIR WALTER RALEIGH. 113

Note : Here Raleigh pulled a Letter out of his pocket,
-^vhich the lord Cohham had written to him, and desired
my lord Cecil to read it, because he only knew his hand;
the effect of it was as follows:

COBHAm's letter of JUSTIFICATION" TO RALEIGH.

" Seeing myself so near my end, for the discharge of
my own conscience, and freeing myself from your blood,
which else will cry vengeance against me; I protest upon
my salvation I never practised with Spain by your pro-
curement; God so comfort me in this my affliction, as
you are a true subject, for anything that I know. I will
say as Daniel, Funis sum a sanguine hujus.^ So God
have mercy upon my soul, as I know no Treason by
you.

Raleigh: Now I wonder how many souls this man
hath ! He damns one in this letter, and another in that.

[Here was much ado: Mr. Attorney alledged, that his
last Letter was politically and cunningly urged from the
lord Cobham, and that the first was simply the truth;
and that lest it should seem doubtful that the first Letter
was drawn from my lord Cobham by promise of mercy,
or hope of favour, the Ld. C. J. willed that the Jury
might herein be satisfied. Whereupon the earl of Dev-
onshire delivered, that the same was mere voluntary,
and not extracted from the lord Cobham upon any hopes
or promise of Pardon.]

This was the last Evidence: whereupon a marshal was
sworn to keep the Jury private. The Jury departed,

1 1 am innocent of the blood of this one.

114 SIR WALTER RALEIGH.

and staid not a quarter of an hour, but returned, and
gave their verdict. Guilty.

Serj.Heale demanded Judgment against the Prisoner.

Clerk of the Crown: Sir Walter Raleigh, Thou hast
been Indicted, arraigned, and pleaded Not Guilty, for
all these several Treasons; and for Trial thereof, hast
put thyself upon thy country; which country are these»
who have found thee Guilty. What canst thou say for
thyself, why Judgment and Execution of Death should
not pass against thee?

Raleigh: My lords, the Jury have found me Guilty;
they must do as they are directed. I can say nothing
why Judgment should not proceed. You see whereof
Cobham hath accused me: you remember his Protesta-
tions, that I was never Guilty. I desire the king should
know of the wrongs done unto me since I came hither.

L. C. J. : You have had no wrong, sir Walter.

Raleigh: Yes, of Mr. Attorney. I desire my lords to
remember three things to the king. 1. I was accused
to be a practiser with Spain; I never knew that my lord
Cobham meant to go thither; I will ask no mercy at the
king's hands, if he will affirm it. 2. I never knew of
the practice with Arabella. 3. I never knew of my lord
Cobham's practice with Aremberg, nor of the surprising
Treason.

L. C. J.: In my conscience, I am persuaded that Cob-
ham hath accused you truly. You cannot deny, but
that you were dealt with to have a Pension to be a spy
for Spain; therefore you are not so true to the king as
you have protested yourself to be.

Raleigh: I submit myself to the king's mercy; I

SIR WALTER RALEIGH. 115

know his mercy is greater than my offence. I recom-
mend my wife, and son of tender years, unbrought up,
to his compassion.

L, C. J.: I thought I should never have seen this day,
to have stood in this place to give Sentence of Death
against you: because I thought it impossible, that one
of so great parts should have fallen so grievously. God
hath bestowed on you many benefits. You have been
a man fit and able to have served the king in good place.
You had brought yourself into a good state of living: if
you had entered into a good consideration of your es-
tate, and not suffered your own wit to have entrapped
yourself. You might have lived well, with 3000^. a year,
for so I have heard your revenues to be. I know noth-
ing that might move you to be discontented; but if you
had been down, you know fortune's wheel, when it is
turned about, riseth again. I never heard that the king
took away anything from you but the Captainship of
the Guard, which he did with very good reason, to have
one of his own knowledge, whom he might trust, in
that place. You have been taken for a wise man, and
so have shewed wit enough this day. Two vices have
lodged chiefly in you: one is an eager ambition, the other
corrupt covetousness. Ambition, in desiring to be ad-
vanced to equal grace and favor, as you have been be-
fore time; that grace you had then you got not in a day
or year. For your covetousness, I am sorry to hear that
a gentleman of your wealth should become a base Spy
for the enemy, which is the vilest of all other: wherein
on my conscience, Cobham hath said true: by it you
would have increased your living 1500?. a year.

116 SIR WALTER RALEIGH.

Now it resteth to pronounce Judgment, which I wish
you had not been this day to have received of me; for
if the fear of God in you had been, answerable to your
other great parts, you might have lived to have been a
singular good subject. 1 never saw the like Trial, and
I hope I shall never see the like again. But since you
have been found guilty of these horrible Treasons, the
judgment of this court is. That you shall be had from
hence to the place whence you came, there to remain
until the day of execution; and from thence you shall
be drawn upon a hurdle through the open streets to the
place of execution, there to be hanged and cut down
alive, and your body shall be opened, your heart and
bowels plucked out, and your privy members cut off,
and thrown into the fire before your eyes; then your
head to be stricken off from your body, and your body
shall be divided into four quarters, to be disposed of at
the king's pleasure: And God have mercy upon your
soul.

Sir Walter Raleigh besought the earl of Devonshire,
and the lords, to be suitors on his behalf to the king;
that in regard of places of estimation he did bear in his
majesty's time, the rigour of his Judgment might be
qualified, and his death be honourable and not ignomini-
ous. Wherein after they had promised him to do their
utmost endeavours, the court rose, and the prisoner was
carried up again to the castle.

Sir Walter Raleigh ^ remained in the Tower four-
teen years, during which time he made such a rep-

1 The priests and George Brooke mentioned in the Trial as
co-conspirators were promptly executed. Lord Cobham, Lord

SIR WALTER RALEIGH. llT

utation as an author that Prince Henry remarked
no king but his father " would keep such a bird in
a cage." Through the interposition of friends he
was released and given command of a fleet of
twelve ships to find the gold mines in Guiana.
On his return to England, Sir Lewis Steukley, Vice-
Admiral of Devon, seized him by order of the king
and brought him to London. At first he was con-
fined in his own house; later, he was imprisoned in
the Tower. Count Gondomar attempted to have
him tried on a pretended breach of peace ^ so that
he might gain from England an acknowledgment
of Spain's rights in the Western Hemisphere.
James was willing to sacrifice Ealeigh, but was
afraid to risk another trial. So they resolved to
proceed against him on his former condemnation.

Wednesday, Oct. 28th 1618 the Lieutenant of the
Tower, in pursuance of a Writ of Habeas Corpus brought

Gray and Sir Griffin Markham were conducted to the scaffold
a fe^v days later. The sheriff had been verbally instructed to
advise them to confess their treasons and to prepare for death,
and at the last moment to read their pardon from the scaffold.
This paper or " warrant," written in James's own hand, had
been secretly sent by the King to the pla,ce of execution, by
the hand of a tnisty Scot, John Gibb. An immense throng had
assembled, and shouts of joy mingled with cries of " God save
the King," as the sheriff concluded. The chronicler of the in-
cident wrote that Sir Walter Raleigh, who watched the scene
from the window of his prison, must have had "hammers in
his head " in his effort to make out what it all meant.

Having pardoned Cobham, Gray and Markham, James was
compelled to defer the execution of Sir Walter Raleigh.

1 See Appendix.

118 SIR WALTER RALEIGH.

Sir Walter Raleigh from the Tower to the King's-Bench
bar at Westminster.

Mr. Attorney Yelverton: My lords, Sir Walter Ra-
leigh, the prisoner at the bar, was 15 years since con-
victed of high treason, and then received Judgment to
be hanged, drawn and quartered: his majesty of his abun-
dant grace, hath been pleased to shew mercy upon him
till now, that justice calls unto him for Execution and
I now require order for the same.

Then Mr. Fanshaw, Clerk of the Crown, read the rec-
ord and called to the Prisoner to hold up his hand, which
he did.

Then the prisoner was asked. What he could say for
himself, why execution should not be awarded against
him?

Sir Walter: The Judgment which I received to die so
long since, I hope it cannot now be strained to take
away my life: for that since it was his majesty's pleas-
ure to grant me a commission to proceed in a voyage
beyond the seas, wherein I had power as marshal on the
life and death of others, so, under favor I presume I am
discharged of that Judgment: for by that Commission,
I departed the land, and undertook a Journey, to honour
my sovereign, and to enrich his kingdom with gold, the
ore whereof this hand hath found and taken in Guiana:
but the Voyage, notwithstanding my endeavour, had no
other success, but what was fatal to me, the loss of my
son and wasting of my whole estate.

Being about to proceed, he was by the Lord Chief Jus-
tice' interrupted who spake:

1 Sir Edward Coke, Attorney-General when Sir Walter Ra-
leigh was tried in 1603, was Lord Chief Justice.

SIR WALTER RALEIGH. 119

L. C. J. : Sir Walter Raleigh, this which you now speak
touching your Voyage, is not to the purpose, neither
can your Commission anyway help you, by that you are
not pardoned : for by words of a special nature, in case
of treason, you must be pardoned, and not implicitly.
There was no word tending to Pardon in all your Com-
mission, and therefore you must say something else to
the purpose: otherwise we must proceed to give execu-
tion.

Sir Walter Raleigh: If your opinion be so my lord, I
am satisfied, and so put myself on the mercy of the King,
who I know is gracious: and, under favour, I must say
I hope he will be pleased to take commiseration upon
me concerning that judgment which is so long past, and
which I think, here are some could witness, nay his
majesty was of opinion, that I had hard measure therein.

L. C. J.: Sir Walter Raleigh, you must remember
your self: you had an honorable Trial and so were justly
convicted : and it were wisdom in you now to submit
yourself, and to confess your Offence did justly draw
upon you that Judgment which was then pronounced
against you. Wherefore, I pray you attend what I shall
say unto you. I am here called to grant Execution upon
the Judgment given you 15 years since: all of which
time you have been as a dead man in the law, and might
at any minute have been cut off, but the king in mercy
spared you. You might think it heavy if this were
done in cold blood, to call you to Execution, but it is
not so: for new Offences' have stirred up his majesty's
justice to remember to revive what the law hath for-

1 These " offences " were defending himself against the Span-
iards in the West Indies and in Guiana, where the gold mine
was located.

120 SIR WALTER RALEIGH.

merly cast upon you. I know you have been valiant
and wise, and I doubt not but you retain both these vir-
tues, for now you shall have occasion to use them. Your
faith hath heretofore been questioned, but I am resolved
you are a good Christian: for your Book, which is an
admirable work ^ doth testify as much. I would give
you counsel, but I know you can apply unto yourself
far better than I am able to give you: yet, while I, with
the good neighbor in the Gospel, who, finding one in
the way wounded and distressed, poured oil into his
wounds and refreshed him, I give unto you the oil of
comfort: though, in respect that I am a minister of the
law, mixed with vinegar. Sorrow will not avail you in
some kind: for, were you pained, sorrow would not ease
you: were you afflicted, sorrow would not relieve you:
were you tormented, sorrow could not content you: and
yet, the sorrow for your sins would be an everlasting
comfort to you. You must do as that valiant Captain
did, who perceiving himself in danger, said in defiance
of death: 'Death, thou expectest me, but maugre thy
spite, I expect thee.' Fear not death too much, nor
fear not death too little: not too much, lest you fail in
your hopes: not too little, lest you die presumptuously.
And here I must conclude with my prayers to God for
it: and that he would have mercy on your soul. Exe-
cution is granted.'

1 Lord Coke doubtless refers to Sir Walter Raleigh's History
of the World, written during his confinement in the Tower.
The book is still regarded as one of the finest models of the
quaint and stately old English style. Among the poems writ-
ten at the same time was one called The Pilgrimage, some of
the lines of which were probably inspired by Coke's treatment
of Raleigh. See Appendix.

SIR WALTER RALEIGH. 121

Sir Walter Raleigh: My lord, I desire thus much
favour, that I may not be cut off suddenly: for I have
something to do in discharge of my conscience, and
something to satisfy his majesty in, something to sat-
isfy the world in: and I desire I may be heard at the
day of my death. And here I take God to be my judge,
before whom I shall shortly appear, I was never disloyal
to his majesty, which I will justify where I shall not
fear the face of any king on earth; and so I beseach you
all to pray for me.

SiE Walter Raleigh's Letter to the KnsrG the
Night Before His Execution-.

The life which I had, most mighty prince, the law hath
taken from me, and I am now but the same earth and
dust, out of which I was made. If my offence had any
proportion with your majesty's mercy, I might despair,
or if my deserving had any quantity with your majesty's
unmeasurable goodness, I might yet have hope; but it
is you that must judge, and not I. Name, blood, gen-
tility, or estate, I have none; no not so much as a being,
no not so much as a vitam plant ae:^ I have only a pen-
itent soul in a body of iron, which moveth towards the
loadstone of death, and cannot be withheld from touch-
ing it, except your majesty's mercy turn the point to-
wards me that expelleth. Lost I am for hearing of vain
man, for hearing only, and never believing nor accept-
ing: and so little account I made of that speech of
his, which was my condemnation (as my forsaking him
doth truly witness) that I never remembered any such
thing, till it was at my trial objected against me. So

1 Life of a cutting, a slip, a young plant.

122 SIR WALTER RALEIGH.

did he repay my care, wlio eared to make liim good,
which I now see no care of man can effect. But God
(for my offence to him) hath laid this heavy burden
upon me; miserable and unfortunate wretch that I am.
But for not loving you (my sovereign) God hath not
laid this sorrow on me; for he knows (with whom I am
not in case to lie) that 1 honoured your majesty by
fame, and loved and admired you by knowledge; so that
whether I live, or die, your majesty's loving servant I
will live and die. If now I write what seems not well-
favoured, most merciful prince, vouchsafe to ascribe it
to the counsel of a dead heart, and to a mind that sor-
row hath confounded. But the more my misery is, the
more is your majesty's mercy, if you please to behold
it, and the less I can deserve, the more liberal your
majesty's gift shall be: herein you shall only imitate
God, by giving free life; and bj'^ giving it to such a one,
from whom there can be no retribution, but only a de-
sire to pay a lent life with the same great love, which
the same great goodness shall bestow on it. This being
the first letter that ever your majesty received from a
dead man: I humbly submit myself to the will of God,
my supreme lord, and shall willingly and patiently suf-
fer whatsoever it shall please your majesty to afflict me
withal. Walter Raleigh.

Sir Walter Raleigh's Letter to his Wife.

You shall now receive, my dear wife, my last words
in these my last lines. My love I send you, that you
may keep it when I am dead; and my counsel, that you
may remember it when I am no more. I would not by

SIR WALTER RALEIGH. 123

my Will present j-ou with sorrows, dear Basse, let them
go into the grave with me, and be buried in the dust.
And seeing that it is not God's will that I should see
you any more in this life, bear it patiently, and with
a heart like thyself. First, I send you all the thanks
which my heart can conceive, or my words can rehearse,
for your many travails, and care taken for me; which
though they have not taken effect as you wished, yet
my debt to you is not the less; but pay it I never shall
in this world. Secondly, I beseech j'ou for the love you
bare me living, do not hide yourself many days, but by
your travels seek to help your miserable fortunes, and
the right of your poor child. Thy mourning cannot
avail me, I am but dust. Thirdly, you shall understand
that my land was conveyed honafide^ to my child; the
Writings was drawn at Midsummer was 12 months, my
honest cousin Brett can testify so much, and Dolberry
too can remember somewhat therein. And I trust my
blood will quench their malice that have cruellj'^ mur-
dered me, and that they will not seek also to kill thee
and thine with extreme poverty. To what friend to
direct thee I know not, for all mine have left me in the
true time of trial. And I perceive that my death was
determined from the first day. Most sorry I am, God
knows, that being thus surprized with death I can leave
you in no better estate. God is my witness, I meant
you all my office of wines, or all that I could have pur-
chased by selling it, half my stuff, and all my jewels, but
some one for the boy; but God hath prevented all my
resolutions, that great God that ruleth all in all; but if

1 In good faith.

124 SIR WALTER RALEIGH.

you can live free from want, care for no more, the rest
is but vanity. Love God, and begin betimes to repose
yourself upon him, and therein shall you find true and
lasting riches, and endless comfort; for the rest, when
you have travelled and wearied your thoughts over all
sorts of worldly cogitations, you shall but sit down b}^
sorrow in the end. Teach your son also to love and fear
God whilst he is yet young, that the fear of God may
grow with him; and then God will be a husband to you,
and a father to him; a husband and a father which
cannot be taken from you. Baily oweth me 2001. and
Adrian 600?. in Jersey. I also have much owing me be-
sides. The arrearages of the wines will pay your debts.
And howsoever you do, for my soul's sake, pay all poor
men. When I am gone, no doubt you shall be sought to,
for the world thinks that I was very rich. But take heed
of the pretences of men, and their affections, for they
last not but in honest and worthy men; and no greater
misery can befal you in this life than to become a prey,
and afterwards to be despised. I speak not this, God
knows, to dissuade you from marriage, for it will be best
for you both in respect of the world and of God. As for
me, I am no more yours, nor you mine, death hath cut
us asunder; and God hath divided me from the world,
and you from me. Remember your poor child for his
father's sake, who chose you, and loved you in his hap-
piest times. Get those Letters, if it be possible, which
I writ to the lords, wherein I sued for life; God is my
witness, it was for you and yours that I desired life; but
it is true that I disdained myself for begging of it: for
know it, my dear wife, that your son is the son of a true

SIR WALTER RALEIGH. 125

man, and who, in his own respect, despiseth death, and
all his misshapen and ugly forms. I cannot write much,
God he knows how hardly I steal this time while others
sleep, and it is also time that I should separate ra}^
thoughts from the world. Beg my dead body, which
living was denied thee; and either lay it at Sherburne
(and if the land continue) or in Exeter church by my
father and mother. I can say no more, Time and Death
call me away; the everlasting, powerful, infinite and om-
nipotent God, that Almighty God, who is goodness itself,
the true life and true light, keep thee and thine, have
mercy on me, and teach me to forgive my persecutors and
accusers, and send us to meet in his glorious kingdom.
My dear wife, farewell. Bless ray poor boy. Pray for
me, and let my good God hold you both in his arms.
Written with the dying hand of sometime thy husband,
but now alas overthrown. Walter Raleigh.

The King issued a special warrant October 28th,
in which it was ordered he should be beheaded.
Thursday, October 29, 1618, he was brought to
the scaffold. He strongly protested his innocence,
in an eloquent and forcible speech, to an audience
of Lords and friends who gathered around him.

A proclamation being made, that all men should de-
part, the scaffold, he prepared himself for death; giving
away his hat, his cap, with some money, to such as he
knew, that stood near him. And then taking his leave
of the lords, knights, gentlemen, and others of his ac-
quaintance, and amongst the rest, taking his leave of

126 SIR WALTER RALEIGH.

my lord of Arundel, he thanked him for his company,
and intreated him to desire the king that no scandalous
Writings to defame him might be published after his
death; saying further unto him, I have a journey to do,
and therefore I will take my leave. — And then putting
off his doublet and gown, desired the headsman to shew
him the ax; which not being suddenly granted unto him,
he said, I prithee let me see it, dost thou think that I
am afraid of it? So it being given unto him, he felt
along upon the edge of it, and smiling, spake unto Mr.
Sheriff, saying ' This is a sharp medicine, but it is a phy-
sician that will cure all diseases.'

Then going to and fro upon the scaffold on every
side, he intreated the company to pray to God to give
him strength.

Then having ended his Speech, the executioner
kneeled down and asked him forgiveness, the which lay-
ing his hand upon his shoulder he forgave him. Then
being asked which way he would lay himself on the
block, he made answer and said, So the heart be straight
it is no matter Avhich way the head lieth; So laying his
head on the block, his face being towards the east, the
headsman throwing down his own cloak, because he
would not spoil the prisoner's gown, he giving the
headsman a sign when he should strike, by lifting up
his hands, the Executioner struck off his head at two
blows, his body never shrinking nor moving. His head
was shewed on each side of the scaffold, and then put
into a red leather bag, and his wrought velvet gown
thrown over it, which was afterwards conveyed away in
a mourning coach of his lady's. — He was 6Q years old.

CAPTAIN KIDD, THE PIRATE.

The trial of Captain William Kidd was prac-
tically begun in the House of Commons, March;
29th, ITOI. The Journal of that date reads as.
follows:

"Resolved, that an humble Address be presented to his maj-
esty, by such members of this House as are of his majesty's
honorable privy Council, that he will please to give order, that.
Captain Kidd may be proceeded against according to law."

Previous to this date. Captain Kidd had appeared
in person before Parliament to give an account of
the various expeditions he had commanded. He
had been brought from New York, where it seems
he had been arrested by order of the Earl of Bella-
mont, in an English ship sent for that purpose^
and confined in Newgate prison. The Earl of
Bellamont, then Governor of New England, "had
been ordered to transmit to the House of Com-
mons all commissions, instructions, and other
papers relating to Captain Kidd." After these
papers had been read to the House, the Speaker
was ordered to issue a warrant to the Keeper of
Newgate for Captain Kidd to appear before the
bar of the House. He was examined by that body
and remanded to prison.

April 1, 1701, the King gave the necessary di-

\

128 CAPTAIN KIDD, THE PIRATE.

rections for the " Trial to proceed according to
Law."

April 16th, Captain Kidd requested that his com-
mission, given him by the King under the Great
Seal of England, and other papers necessary for
his vindication, should be returned to him. The
Clerk of the House sent them to the Secretary of
the Admiralty. Captain Kidd complained greatly
of the delay in receiving these papers.

He seems to have had a few influential friends,
-as well as a number of powerful enemies, in Eng-
land. During the reign of William IH. a State
Tract was published in which it was thought ad-
visable to make an elaborate vindication of the
measures adopted against Captain William Kidd,
which was entitled "A Full Account of the Pro-
ceedings in relation to Captain Kidd."

The Earl of Bellamout and Colonel Livingston
of New York were friends of Captain Kidd when
he first inaugurated his enterprises in the West
Indies and along the Atlantic coast. Perhaps
he was guilty of an unfair division of the spoils.
There are countless tales of treasures hidden by
this mysterious and daring mariner of Colonial
days. Eoanoke Island, off the coast of North Caro-
lina, the rich cotton-bearing Sea Islands, all along
the shores of the Great Dismal Swamp, are places
he was said to frequent for the purpose of burying
part of his riches before he should reach New York !

The earlier local historians openly claimed there

CAPTAIN KIDD, THE PIRATE. 129

was collusion between the Earl of Bellamont,
Colonel Livingston and Captain Kidd. A careful
reading of the trials here given does not discount
this conjecture.

There were six indictments against Captain
William Kidd, one for the murder of a sailor
named William Moore, and five for piracy. The
first trial, for " Murder and Piracy upon the High
Seas," was held at the Old-Bailey, May 8, 1701.

The following Proclamation by King William
shows to what an extent piracy was practiced. It
also shows that Captain Kidd's reputation as a
pirate was such as to debar him from royal clem-
ency:

BY THE KING A PROCLAMATION.

William, R.

Whereas we being informed, by the frequent complaints of
our good subjects trading to the East Indies, of several wicked
practices committed on those seas, as well upon our own sub-
jects as those of our allies, have therefore thought fit (for the
security of the trade of those countries, by an utter extirpa-
tion of the pirates in all parts eastward of the Cape of Good
Hope, as well beyond Cape Comorin as on this side of it, unless
they shall forthwith surrender themselves, as is herein after
directed) to send out a squadron of men of war, under the com-
mand of Capt. Thomas Warren. Now we, to the intent that
such who have been guilty of any acts of piracy in those seas,
may have notice of our most gracious intention, of extending
our royal mercy to such of them as shall surrender themselves,
and to cause the severest punishment according to law to be
inflicted upon those who shall continue obstinate, have thought
fit, by the advice of our privy council to issue this proclama.
tion; hereby requiring and commanding all persons who have
been guilty of any act of piracy, or any ways aiding or assist-

130 CAPTAIN KIDD, THE PIRATE.

ing therein, in any place eastward of the Cape of Good Hope,,
to surrender themselves within the several respective times
herein after limited, unto the said Captain Thomas Warren,
and the commander in chief of the squadron for the time being,
and to Israel Hayes, Peter Dellanoye, and Christopher Pollard,
esquires, commissioners appointed by us for the said expedition^
or to any three of them, or, in case of death, to the major part
of the survivors of them. And we do hereby declare, that we
have been graciously pleased to impower the said Capt. Thomas-
Warren, and the commander in chief of the said squadron for
the time being, Israel Hayes, Peter Dellanoye, and Christopher
Pollard, esquires commissioners aforesaid, or any three of them,
or, in case of death, to the major part of the sur^dvors of them,
to give assurance of our most gracious j)ardon unto all such,
pirates in the East Indies, viz. all eastward of the Cape of Good
Hope, who shall surrender themselves for piracies or robberies
committed by them upon the sea or land ; except, neverthe-
less, such as they shall commit in any place whatsoever after
notice of our grace and favour hereby declared; and also ex-
cepting all such piracies and robberies as shall be committed
from the Cape of Good Hope eastward, to the longitude or
meridian of Socatora, after the last day of April, 1699, and in
any place from the longitude or meridian of Socatora eastward,
to the longitude or meridian of Cape Comorin, after the last
day of June, 1699, and in any place whatsoever eastward of
Cape Comorin after the last day of Jxily, 1699 ; and also except-
ing Henry Every alias Bridgman, and William Kidd.

Given at our court of Kensington, the 8th. day of December
1698, in the 10th. year of our reign. God Save the King.

CAPTAIN KDDD, THE PIRATE. 131

The Teial of Captaiit William Kidd at the Old-
Bailet, for Mueder akd Piracy upojst the
High Seas; and of Nicholas Churchill, James
Howe, Robert Lamlet, William Jenkin^s, Gta-
BRiEL LoFF, Hugh Parrot, Richard Barlicoeis",
Abel Owens, and Darby Mullins, fob Pieaoy;
13 William III. A. D. 1701.

May 8, 1701.

The King's Commission for holding the court being
first read, they proceeded to call the gentlemen summoned
upon the Grand-jury, and the persons sworn were the
seventeen following, viz.:

William Broughton,
Thomas Han well,
Daniel Borwell,
- Humphry Bellamy,
Nath. Rolston, sen.
Joshua Bolton,
Benjamin Pike,
Joseph Marlow,
Benjamin Travis,
Stephen Thompson,
Thomas Cooper,
Robert Gower,
Robert Clement,
Thomas Sesson,
William Goodwin,
Robert Callow,
Thomas Haws.

132 CAPTAIN KIDD, THE PIRATE.

CI. of Arr. : ^ Gentlemen of the Grand-jury, stand to-
gether, and hear the charge.

The King's majesty commands all justices of the high court
of Admiralty,^ that have any authority to take any inquisi-
tions, recognizances, examinations, or informations of offences
committed within the jurisdiction of the Admiralty of Eng-
land, to deliver the records of the same into this court, &c.
And all others are commanded to keep silence, upon pain of
imprisonment.

Then Dr. Oxenden gave the charge to the Grand-jury,
explaining the nature of the commission, and the crimes
enquirable by virtue of it by the Grand-jury.

Then the Grand-jury withdrew, and after some time
returned into court, and found the Bill of Indictment
against captain Kidd for Murder, and another against
him and

Nicholas Churchill,

James Howe,

Robert Lamley,

William Jenkins,

Gabriel Loff,

1 The Clerk of Arraignments is an officer attached to the Cen-
tral Criminal Court and to each Circuit. He has to discharge
for the Judge sitting on the Crown side (i. e., in criminal cases)
the duties which are discharged for him by a master on the
civil side : taxation of costs, allowance to witnesses, the busi-
ness connected with jurors, their excuses and fines, the custody
of documents, the duty of recording verdicts, and the making
out of warrants after sentence is pronounced. He is also ex-
pected to advise the Court upon points of Criminal procedure.

2 The High Court of Admiralty was a Court of Maritime juris-
diction, anciently styled the Court of the Lord High Admiral.
It had two jurisdictions: one as an Instance Court in which
civil and criminal suits of a maritime nature were decided,
and the other as a Prize Court. As early as the reign of Ed-
ward III the Com't of the Admiral was firmly established.

CAPTAIN KJDD, THE PIRATE. 133

Hugh Parrot,

Richard Barlicorn,

Abel Owens, and

Darby Mullins, for Piracy. Then proclamation as
usual being made, the aforesaid prisoners were brought
to the bar, and arraigned.

CI. of Arr.: William Kidd, hold up thy hand.

Kidd: May it please your lordships, I desire you to
permit me to have counsel.

Recorder: (Sir Salathiel Lovell). What would you
have counsel for ?

Kidd: My lord, I have some matter of law relating
to the indictment, and I desire I may have counsel to
speak to it.

Dr. Oxenden: What matter of law can you have?

CI. of Arr. : How does he know what he is charged
with? I have not told him.

Recorder : You must let the court know what those mat-
ters of law are, before you can have counsel assigned you.

Kidd: They be matters of law, my lord.

Recorder: Mr. Kidd, do you know what you mean by
matters of law?

Kidd: I know what I mean; I desire to put off my
trial as long as I can, till I can get my evidence ready.

Recorder: Mr. Kidd, you had best mention the matter
of law you would insist on.

Dr. Oxenden: It cannot be matter of law, to put off
your trial, but matter of fact.

Kidd: I desire your lordship's favour; I desire Dr.
Oldish and Mr. Lemmon may be heard as to my case.

CI. of Arr. : What can he have counsel for, before he
has pleaded?

134: CAPTAIN KIDD, THE PIRATE.

Recorder: Mr. Kidd, the court tells you, you shall be
heard what you have to say when you have pleaded to
your indictment. If you plead to it, if you will, you
may assign matter of law, if you have any; but then you
must let the court know what you would insist on.

Kidd: I beg your lordship's patience till I can pro-
cure my papers. I had a couple of French passes, which
I must make use of in order to my justification.

Recorder: That is not matter of law. You have had
long notice of your trial, and might have prepared for
it. How long have you had notice of your trial?

Kidd: A matter of a fortnight.

Dr. Oxenden: Can you tell the names of any persons
that you would make use of in your defence ?

Kidd: I sent for them, but I could not have them.

Dr. Oxenden: Where were they then?

Kidd: I brought them to my lord Bellamont in New-
England.

Recorder: What were their names? You cannot tell
without book. Mr. Kidd, the court see no reason to
put off your trial, therefore you must plead.

CI. of Arr.: W. Kidd, hold up thy hand.

Kidd: I beg your lordships I may have counsel ad-
mitted, and that my trial be put off; I am not really
prepared for it.

Recorder: Nor never will, if you can help it.

Dr. Oxenden: Mr. Kidd, you have had reasonable no-
tice, and -you knew you must be tried, and therefore you
cannot plead you are not ready.

Kidd : If your lordships permit those papers to be read,
they will justify me. I desire my counsel may be heard.

Mr. Coniers: We admit of no counsel for him.

CAPTAIN KIDD, THE PIRATE. 135

Recorder: There is no issue joined; and therefore there
can be no counsel assigned. Mr. Kidd, you must plead.

Kidd: I cannot plead till I have those papers that I
insisted upon.

Mr. Lemraon: He ought to have his papers delivered to
him, because they are very material for his defence. He
has endeavoured to have them, but could not get them.

Mr. Coniers: You are not to appear for any one till
he pleads, and that the court assigns you for his counsel.

Recorder: They would only put off the trial.

Mr. Coniers: He must plead to the indictment.

CI. of Arr.: Make silence.

Kidd: My papers vfere all seized, and I cannot make
my defence without them. I desire my trial may be
put off till I can have them.

Recorder: The court is of opinion they ought not to
stay for all your evidence ; it may be they will never come.
You must plead, and then if you can satisfy the court,
that there is a reason to put off your trial, you may.

Kidd: My lord, I have business in law, and I desire
counsel.

Recorder: Mr. Kidd, the course of courts is, when
you have pleaded, the matter of trial is next: if you can
then shew there is cause to put off the trial, you may:
but now the matter is to plead.

Kidd : It is a hard case when all these things shall be
kept from me, and I be forced to plead.

Recoi'der: If he will not plead, there must be judg-
ment.

Kidd: My lord, would you have me plead, and not to
have my vindication by me?

CI. of Arr. : Will you plead to the indictment ?

136 CAPTAIN KIDD, THE PIRATE.

Kidd : I would beg tliat I may have my papers for my
vindication.

CI. of Arr.: Nicholas Churchill, hold up thy hand.

Churchill: My lord, I desire 1 may have the benefit
of the proclamation; I came in upon the King's proc-
lamation.

Recorder: If you do not plead, the court must pass
judgment upon you. You can have no benefit in what
you say, till you have pleaded. If you were indicted for
felony, and you will not plead, the law takes it in nat-
ure of a confession, and judgment must pass, as if you
were proved guilty.

CI. of Arr.: Nicholas Churchill, hold up thy hand.
James Howe, hold up thy hand, Robert Lamley, hold
up thy hand. (Which they did.)

Recorder: W. Kidd has not held up his hand.

CI. of Arr.: He does hold up his hand. William Jen-
kins, hold up thy hand. Gabriel Lofi", hold up thy hand.
Hugh Parrot, hold up thy hand. Richard Barlicorn,
hold up thy hand. Abel Owens, hold up thy hand.

Owens: I came in upon the King's proclamation, and
entered myself into the King's service.

Recorder: You must plead first, and then if there be
occasion, you will have the benefit of it. (Then he held
up his hand.)

CI. of Arr. : Darby Mullins, hold up thy hand.

Mullins: May it please your lordships, I came in vol-
untarily on the king's proclamation.

Recorder: This is the same case with Owens, you must
speak to that afterwards.

CI. of Arr. : W. Kidd, you stand indicted by the name
of William Kidd, &c. Art thou guilty or not guilty?

CAPTAIN KIDD, THE PIRATE. 13T

Kidd: I canuot plead to this indictment, till my
French passes are delivered to me.

CI. of Arr. : Are you guilty or not guilty ?

Kidd: My lord, I insist upon my French papers; pray
let me have them.

Recorder: That must not be now, till you have put
yourself upon your trial.

Kidd: That must justify me.

Recorder: You may plead it then, if the court see
cause.

Kidd: My justification depends on them.

Recorder: Mr. Kidd, I must tell you, if you will not
plead, you must have judgment against you, as stand-
ing mute.

Kidd: I cannot plead till I have these papers; and I
have not my witnesses here.

Recorder: You do not know your own interest; if
you will not plead you must have judgment against you.

Kidd: If I plead I shall be accessary to my own death,
till I have persons to plead for me.

Recorder: You are accessary to your own death, if
you do not plead. We cannot enter into the evidence,
unless you plead.

CI. of Arr.: Are you guilty or not guilty?

Recorder: He does not understand the law; you must
read the statute to him.

CI. of Arr. : Mr. Kidd, are you guilty of this piracy, or
not guilty?

Kidd: If you will give me a little time to find my
papers, I will plead.

CI. of Arr.: There is no reason to give you time; will
you plead or not?

188 CAPTAIN KIDD, THE PIRATE.

Mr. Coniers: Be pleased to acquaint him with the
clanger he stands in by not pleading. Whatever he
says, nothing can avail him till he pleads.

Recorder: He has been told so, but does not believe us.

Mr. Coniers: If there be any reason to put off his
trial, it must be made appear after issue is joined.

Recorder: If you say guilty, there is an end of it; but
if you say not guilty, the court can examine into the
fact.

Officer: He says he will plead.

CI. of Arr. : W. Kidd, art thou guilty or not guilty ? —
Kidd: Not guilty.

CI. of Arr. : How wilt thou be tried ?

Kidd.: By God and my country.

CI. of Arr. : God send thee a good deliverance. (And
so of all the rest.)

Kidd: My lord, I beg I may have my trial put off for
three or four days, till I have got my papers.

Recorder: The j udges will be here by-and bye, and you
may move the court then; we are only to prepare for
your trial: We do not deny your motion; but when the
court is full, they will consider of the reasons you have
to offer.

(Then William Kidd was tried upon the indictment for
murder.)

CI. of Arr.: W. Kidd, Hold up thy hand: Thoustand-
est indicted by the name of William Kidd, late of Lon-
don, mariner, &c.

THE FIRST mDICTMENT FOR MURDER.

The Jurors for our sovereign lord the king do, upon their
-oath, present, Tliat William Kidd, late of London, mariner, not
having the fear of God before his eyes, but being moved and

CAPTAIN KIDD, THE PIRATE. 139

seduced by the instigation of the devil, the thirtieth day of
October, in the ninth year of the reign of our sovereign lord,
William the third, by the grace of God, of England, Scotland,
France, and Ireland, king, defender of the faith, &c. by force
and arms, &c. upon the high sea, near the coast of Malabar, in
the East Indies, and within the jurisdiction of the admiralty
of England, in a certain ship, called the Adventure-galley
(whereof the said William Kidd then was commander), then
and there being, feloniously, voluntarily, and of his malice
aforethought, then and there did make an assault in and upon
one William Moore, in the peace of God and of our said sovereign
lord the king, to wit then and there being, and to the ship afore-
said, called the Adventure-galley, then and there belonging;
and that the aforesaid William Kidd, with a certain wooden
bucket, bound with iron-hoops, of the value of eight pence,
which he the said William Kidd then and there had and held
in his right hand, did violently, feloniously, voluntarily, and of
his malice aforethought, beat and strike the aforesaid William
Moore in and upon the right part of the head of him the said
William Moore, a little above the right ear of the said William
Moore, then and there upon the high sea, in the ship aforesaid,
and within the jurisdiction of the admiralty of England afore-
said, giving the said William Moore, then and there with the
bucket aforesaid, in and upon the right part of the head of hiin
the said Williana Moore, a little above the right ear of the said
William Moore, one mortal bruise; of which mortal bruise the
aforesaid William Moore, from the said thirtieth day of Octo-
ber, in the ninth year aforesaid, until the one and thirtieth
day of the said month of October, in the year aforesaid, upon
the high-sea aforesaid, in the ship aforesaid, and within tlie
jurisdiction of the admiralty of England aforesaid, did lan-
guish, and languishing did live; upon which one and thirtieth
day of October, in the ninth year aforesaid, the aforesaid Will-
iam Moore upon the high-sea aforesaid, near the aforesaid coast
of Malabar, in the East Indies aforesaid, in the ship aforesaid,
caUed the Adventure-galley, and within the jurisdiction of the
admiralty of England aforesaid, did die; and so the jurors
aforesaid, upon their oath aforesaid, do say, that the aforesaid
William Kidd feloniously, voluntarily, and of his malice afore-
thought did kill and murder the aforesaid William Moore upon
the high sea aforesaid, and within the jurisdiction of the ad-

140 CAPTAIN KIDD, THE PIRATE.

miralty of England aforesaid, in manner and form aforesaid,
against the peace of our said sovereign lord the king, his crown
and dignity, &c.

How sayest thou, William Kidd, art thou guilty of
this murder whereof thou standest indicted, or not
guilty?

Kidd: Not guilty.

CI. of Arr.: How wilt thou be tried?

Kidd: By God and my country.

CI. of Arr. : God send thee a good deliverance, Nicho-
las Churchill, James Howe, Robert Lamley, William
Jenkins, Gabriel Loff, Hugh Parrot, Richard Barlicorn,
Abel Owens, Darby Mullins, hold up your hands. You
the prisoners at the bar, those men that you shall hear
called, and personally appear, are to pass between our
sovereign lord the king and you, upon trial of your sev-
eral lives and deaths. If therefore you, or any of you,
will challenge them, or any of them, your time is to
speak to them as they come to the book to be sworn,
and before they be sworn.

Kidd: My lord, I desire counsel may be assigned me.

Recorder: Captain Kidd, I told you it would be your
time, when the jury was called, to offer what you had
to offer; therefore, if you have anything now to say to
the court, you had best say it.

Kidd: I beg I may have counsel. Dr. Oldish, and Mr.
Lemmon, that they may be heard on my behalf.

Just. Powel : If he desires it, you may be counsel for
him, provided there be any matter of law that he has to
plead; otherwise he must be tried.

Dr. Oldish : My lord, he moves that his trial for piracy
may be put off for several reasons; one is, there is one

CAPTAIN KIDD, THE PIRATE. 141

Davis, that is a necessary witness for him; he was taken
a passenger into the ship, and therefore could not be
concerned in any piracy: now this Davis stands indicted,
so that he is deprived of this person, who is a necessary
witness for him in this case.

Mr. Coniers: He is not indicted yet; he may call him
if he thinks fit.

Just. Powel: If he be indicted, yet he may be a wit-
ness.

Dr. Oldish: My lord, we desire he may be here.

Just. Powel: Where is he?

CI. of Arr.: He is in Newgate.

Just. Powel: Let him be sent for.

Dr. Oldish: My lord, it is very fit his trial should be
delayed for some time, because he wants some papers
very necessary for his defence. It is very true, he is
charged with piracies in several ships; but they had
French passes when the seizure was made. Now if
there were French passes, it was a lawful seizure.

Just. Powel: Have you those passes?

Kidd: They were taken from me by my lord Bella-
mont; and these passes would be my defence.

Dr. Oxenden: Had you any other passes when you
took the Armenian ship?

Dr. Oldish: If those ships that he took had French
passes, there was just cause of seizure, and it will excuse
him from piracy.

Kidd: The passes were seized by my lord Bellamont,
that we will prove as clear as the day.

Mr. Lemmon: My lord, I desire one word as to this
circumstance; he was doing his king and country serv-
ice, instead of being a pirate: for in this very ship there

142 CAPTAIN KIDD, THE PIRATE.

was a French pass, and it was shewn to Mr. Davis, and
carried to my lord Bellamont, and he made a seizure of
it. And there was a letter writ to testify it, which was
produced before the parliament; and that letter has
been transmitted from hand to hand, so that we cannot
at present come by it. There are several other papers
and letters that we cannot get; and therefore we desire
the trial may be put off till we can procure them.

L. C. B.^ Ward: Where are they?

Mr. Lemmon: We cannot yet tell whether they are in
the Admiralty-office, or whether Mr. Jodrell hath them.

Just. Powel: Let us see on vi^hat you go. You talk
of French passes; you should have been prepared to
make affidavit of it. What ship was that which had
the French passes?

Mr. Lemmon: The same we were in, the same he is
indicted for.

Just. Powel: Make out this, Mr. Lemmon.

Mr. Lemmon : My lord, we desire Mr. Davis may be
sent for; he will prove it.

L. C. B. Ward: Send for Edward Davis.

Mr. Fell: My lord, will you have him brought into
court?— L. C.B.Ward: Yes.

Sol. Gen.: They have had a fortnight's notice to pre-
pare for the trial.

1 Lord Chief Baron was the title of the Chief Justice of the
English Court of the Exchequer. In 1880, on the death of the
Lord Chief Justice of England and the Lord Chief Baron of
the Exchequer, a Council of Judges was held, and the offices
of the Lord Chief Justice of the Common Pleas and the Lord
Chief Baron of the Exchequer were abolished and consolidated
into one division, called the Queen's Bench Division, under the
Presidency of a Lord Chief Justice.

CAPTAIN KIDD, THE PIRATE. 143.

Dr. Oldish: We petitioned for money, and the court
ordered 50/.; but the person that received it went away,
and we had none till last night.

Dr. Oxenden: I ordered that the money might be paid
into his own hands, that he might be sure to have it.

Mr. Crawley, (Register,) declared, that he paid the
501. into his own hands on Tuesday morning.

L. C. B. Ward: You ought to make it out, that there
is a reasonable cause to put off the trial, or else it can-
not be allowed.

Mr. Lemmon: My lord, we will be ready to-morrow
morning.

L. C. B. Ward: They ought to have had due notice;
what notice have they had?

Sol. Gen.: A fortnight's notice, this day fortnight.

Dr. Oldish: My lord, he should have had his money
delivered to him.

Kidd: I had no money nor friends to prepare for my
trial till last night.

L. C. B. Ward : Why did you not signify so much to
the king's oflScers?

Sol. Gen.: My lord, this we will do; let Davis be
brought into court; and if that be a just excuse we
are contented. In the mean time, let him be tried
for the murder, wherein there is no pretence of want
of witnesses or papers. — Officer: Davis is here, my lord.

CI. of Arr.: Set all aside but captain Kidd. William
Kidd, you are now to be tried on the bill of murder; the
jury is going to be sworn; if you have any cause of ex-
ception, you may speak to them as they come to the book.

Kidd: I shall challenge none; I know nothing to the
contrary but they are honest men.

144 CAPTAIN KIDD, THE PIRATE.

The jury sworn were, Nathaniel Long,

Jo. Ewers,

Jo. Child,

Ed. Reeves,

Tho. Clark,

Nath. Green,

Henry Sherbrook,

Henry Dry,

Richard Greenaway,

Jo. Sherbrook,

Tho. Emms,

Rog. Mott.
After proclamation made (as usual) the court pro-
iCeeded to the trial as follows:

CI. of Arr.: W. Kidd, hold up thy hand. (Which he
did.) You gentlemen of the jury, look upon the pris-
oner, and hearken to his cause. He stands indicted by
the name of William Kidd, &c. as before in the indict-
ment. Upon this indictment he has been arraigned,
and thereunto has pleaded. Not guilty, and for his trial
has put himself on God and his country, which country
you are. Your charge is to enquire, whether he be
guilty of the murder whereof he stauds indicted, in man-
ner and form as he stands indicted, or not guilty, &c.

Mr. Knap: My lord, and you gentlemen of the jury;
this is an indictment of murder. The indictment sets
forth, " That William Kidd, on the thirtieth of October,
on the high sea, on the coast of Malabar, did assault one
William Moore, on board a ship called The Adventure,
whereof William Kidd was captain, struck him with a
wooden bucket, hooped with iron, on the side of the head
near the right ear, and that of this bruise he died the

CAPTAIN KIDD, THE PIRATE. 145

next day, and so that he has murdered the same person."
To this indictment he i^leaded not guilty: if we prove
him guilty, you must find him so.

Sol, Gen.: My lord, and gentlemen of the jury, we
will prove this as particularly as can be, that William
Kidd was captain of the ship, and that William Moore
was under him in the ship, and that without any prov-
ocation he gave him this blow whereof he died.

Mr. Coniers: My lord, it will appear to be a most
barbarous fact, to murder a man in this manner; for the
man gave him no manner of provocation. This Will-
iam Moore was a gunner in the ship, and this William
Kidd abuses him, and calls him 'lousy dog;' and upon
a civil answer, he takes this bucket and knocks him on
the head, whereof he died the next day. Call Joseph
Palmer, and Robert Bradinham. (Who appeared, and
were sworn.) Joseph Palmer, give my lord and the jury
an account of what you saw done by William Kidd, on
the coast of Malabar, as to William Moore his gunner.

Palmer: About a fortnight before this accident fell
out, captain Kidd met with a ship on that coast, that
was called The Loyal Captain. And about a fortnight
after this, the gunner was grinding a chissel aboard The
Adventure, on the high sea near the coast of Malabar,
in the East Indies.

Mr. Coniers: What was the gunner's name?

Palmer : William Moore : and captain Kidd came and
walked on the deck, and walks by this Moore; and when
he came to him, says, ' Which way could you have put
me in a way to take this ship, and been clear? ' 'Sir,'
says William Moore, ' I never spoke such a word, nor
ever thought such a thing.' Upon which captain Kidd
10

L46 CAPTAIN KIDD, THE PIRATE.

called him a ' lousy dog.' And says William Moore, ' If I
am a lousy dog, you have made me so, you have brought
me to ruin, and many more.' Upon his saying this^
says captain Kidd, 'Have I ruined you, ye dog?' and
took a bucket bound with iron hoops, and struck him
on the right side of the head, of which he died the next
day.

Mr. Cowper: What was the gunner doing at that time
that he gave him the blow?

Palmer: He was grinding a chissel at the time that
he struck him.

Mr. Cowper: Did he give him the blow immediately
after he gave him that answer?

Palmer: He walked two or three times backward and
forward upon the deck before he struck the blow.

Just. Turton: What did capt. Kidd say first?

Palmer: ' Which way could you have put me in a way
of taking this ship, and been clear ?' Says the gunner,
*I never said so, nor thought any such thing.'

Mr. Cowper: Hark you, friend, explain that matter.

Baron Hatsell: What was the occasion of those words?

Palmer: It was concerning this ship.

L. C. B. Ward: What ship was it? Name the ship..

Palmer: It was The Loyal Cajjtain. Captain Kidd
said to Wm. Moore, 'Which way could you have put
me in the way to have taken this ship, and been clear?'
Says W. Moore, ' I never said such a thing, nor thought
it.' Upon that he called him 'lousy dog.'

L. C. B. Ward: Was that ship taken?

Palmer: No, she was gone.

Mr. Coniers : You say he called him ' lousy dog ?'—
Palmer: Yes.

CAPTAIN KIDD, THE PIRATE. 147

Mr. Coniers: What did William Moore say to him
then?

Palmer: He said, 'If I am a lousy dog, you hare
brought me to it; you have ruined me and many more.'
Upon this, says captain Kidd, ' Have I brought you to
ruin, you dog?' Repeating it two or three times over,
and took a turn or two upon the deck, and then takes
up the bucket, and strikes him on the head.

Mr. Cowper: You say he made a turn or two on the
deck, and then struck him ?

Palmer: Yes.

Mr. Coniers: Tell my lord what passed next after the
blow.

Palmer: He was let down the gun-room; and the
gunner said, ' Farewel, farewel, captain Kidd has given
me my last.' And capt. Kidd stood on the deck, and
said, 'You're a villain.'

Mr. Cowper: How near was captain Kidd to him
when he said he had given him his last?

Palmer: He was near him.

Mr. Cowper: Was he within hearing of what Moore
said?

Palmer: Yes; he was within seven or eight foot.

Sol. Gen.: Did you apprehend that he died of that
blow?

Palmer: He was in perfect health before that.'

Sol. Gen.: What did the surgeon think of it?

Palmer: The surgeon is here.

Sol. Gen.: Did you see him afterwards?

Palmer: No, I did not see him after, till he was dead.

Mr. Cowper: How did the wound appear when you
saw him?

148 CAPTAIN KIDD, THE PIRATE.

Palmer: After he was dead, the surgeon was called to
open his head; and capt. Kidd said, ' You are damn'd
busy without orders.'

Mr. Cowper: Though we ask you questions, you must
turn your face there, towards the jury. Give the jury
an account of what you saw.

Palmer: I felt on his head, and I felt some thing give
way, and about the wound there was a bruise.

Mr. Cowper: You say you saw him when he was car-
ried off, after the blow; how did his head appear then?
Was he bloody ?

Palmer: There was not much blood came from him.

L. C. B. Ward: Was^ you by when these words were
spoken ?

Palmer: Yes, my lord.

L. C. B. Ward: Did you see the prisoner give the
blow with the bucket upon those words? — Palmer:
Yes, my lord.

L. C. B. Ward : How long was it before he went down
the deck?

Palmer: Presently.

L. C. B. Ward: Did he complain of the wound?

Palmer: He said, ' Farewel, farewel, captain Kidd has
given me my last.'

L. C. B. Ward: Was this Moore in a good condition of
health before this blow was given him? — Palmer: Yes,
my lord.

L. C. B. Ward: And afterwards he complained? —
Palmer: Yes, my lord.

L. C. B. Ward: When he was dead, what marks were
on his head?

1 All mistakes are copied literally. See Appendijo

CAPTAIN KEDD, THE PIRATE. 149

Palmer: On tlie right side of his head, on this place
(pointing to his own head) it was bruised a consider-
able breadth; and in one place I could feel the skull
give way.

Mr. Cowper: How long after the blow did he die?

Palmer: The next day following.

Mr. Cowper: And you say you saw him dead then? —
Palmer: Yes, sir.

L. B. C. Ward: Captain Kidd, if you will ask him
any questions, you may.

Kidd: My lord, I would ask this man, what this Moore
was doing when this thing happened?

L. C. B. Ward: Mr. Palmer, you hear what he says;
what was Moore doing?

Palmer: He was grinding a chissel.

Kidd: What was the occasion that I struck him?

Palmer: The words that I told you before.

Kidd: Was there no other ship?

Palmer: Yes.

Kidd: What was that ship?

Palmer: A Dutch ship.

Kidd: What were you doing with the ship?

Palmer: She was becalmed.

Kidd: This ship was a league from us, and some of the
men would have taken her, and I would not consent to
it; and this Moore said, I always hindered them making
their fortunes: was not that the reason I struck him?
was there a mutiny on board ?

Palmer: No; you chaced' this Dutchman, and in the
way took a Malabar boat, and chaced this ship all the

^ Chased.

150 CAPTAIN KIDD, THE PIRATE.

whole night; and they shewed their colours, and you
put up your colours.

Kidd: This is nothing to the point: was there no mu-
tiny aboard?

Palmer: There was no mutiny, all was quiet.

Kidd: Was there not a mutiny, because they would
go and take that Dutchman?

Palmer: No, none at all.

Mr. Coniers: Call Robert Bradinham.

Jury: What was the cause that he struck him?

Palmer: A fortnight before this was done, we met
with this Loyal Captain, of which captain Hoar was
commander, and he came on board captain Kidd's ship,
and captain Kidd went on board his, and then captain
Kidd let this ship go. About a fortnight after this, the
gunner was grinding his chissel on the deck, and cap-
tain Kidd said to him, ' Which way could you have put
me in a way to take this ship, and been clear?' To
which he replied, ' I never said such a thing, nor thought
of such a thing.' Whereupon captain Kidd called the
gunner ' lousy dog; ' and, says Moore, ' If I am a lousy
dog, you have made me so; you have brought me to
ruin, and a great many more.' And says captain Kidd,
' Have I brought you to ruin, you dog? ' and after struck
him with the bucket. These were all the words that
passed.

Just. Powel: Was captain Kidd aboard that ship?

Palmer: Yes; and captain Hoar was aboard him.

Just. Powel: Was there any body nigh at that time?

Palmer: Yes; there were eight or nine men that had
muskets and other arms, and they were for taking the

CAPTAIN KroD, THE PIRATE. 151

ship, and capt. Kidd was against it, and so it was not
done.

Kidd: My lord, I was in the cabin, and heard a noise,
and came out; and Wm. Moore said, ' You ruin us, be-
cause you will not consent to take captain Hoar's ship.'
Says a Dutchman, ' I will put captain Kidd in a way to
take this ship, and come o£f fairly.'

L. C. B. Ward: You may ask him any questions you
have a mind to, but you must reserve what you have to
say for yourself till you come to make your defence.

Sol. Gen. : Mr. Palmer, do you know of any other prov-
ocation to strike him besides those words?

Palmer: I know of no other provocation.

Mr. Coniers: Set up Robert Bradinham. (Who ap-
peared.) Mr. Bradinham, in what ofl&ce was you in the
ship ?

Bradinham: I was surgeon of the ship.

Mr. Coniers: Of what ship?

Brad. : The Adventure-Galley, whereof captain Kidd
was master.

Mr. Coniers: Was you there when the blow was
given ? — Brad. : No.

Mr. Coniers: Was you sent for when capt. Kidd had
given the gunner the wound upon the head?

Brad. : I was sent for to his assistance after he was
wounded, and I came to him, and asked him how he did?
He said, ' He was a dead man ; capt. Kidd had given him
his last blow.' And I was by the gun-room, and cap-
tain Kidd was walking there, and I heard Moore say,
' Farewel, farewel, captain Kidd has given me my last
blow; ' and captain Kidd, when he heard it, said, ' Damn
him, he is a villiau.'

152 CAPTAIN KIDD, THE PIRATE.

Mr. Coniers: Did you hear him say so?

Brad. : I did hear it.

Mr. Cowper: Was it in a way of answer to what he
said? — Brad.: Yes.

Mr. Cowper: How long did he live after the blow?

Brad.: He died the next day. The wound was hut
small, the skull was fractured.

Mr. Cowper: Do you believe he died of the wound? —
Brad.: Yes.

Mr. Cowper: Had you any discourse with captain
Kidd after this, about this man's death ?

Brad. : Some time after this, about two months, by the
coast of Malabar, captain Kidd said, ' I do not care so
much for the death of my gunner, as for other passen-
gers of my voyage, for I have good friends in England
that will bring me off for that.'

L. C. B. Ward: Mr. Kidd, will you ask him any ques-
tions?

Kidd: I ask him whether he knew of any difference
between this gunner and me before this happened?

Brad. : I knew of no difference between them at all.

Sol. Gen. : Mr. Kidd, have you any thing more to ask
him?— Kidd: No,

Mr. Coniers: Then we have done for the king.

L. C. B. Ward: Then you may make your defence.
You are charged with murder, and you have heard the
evidence that has been given, what have you to say for
yourself?

Kidd: I have evidence to prove it is no such thing, if
they may be admitted to come hither. My lord, I will
tell you what the case was : I was coming up within a
league of the Dutchman, and some of my men were

CAPTAIN KIDD, THE PIRATE. 153

making a mutiny about taking her, and my gunner
told the people he could put the captain in a way to
take the ship, and be safe. Says I, How will you do
that ? The gunner answered, We will get the captain
and men aboard. And what then ? We will go aboard
the ship, and plunder her, and we will have it under
their hands that we did not take her. Says I, This is
Judas like, I dare not do such a thing. Says he, We
may do it, we are beggars already. Why. says I. may
we take this ship because we are poor? Upon that a
mutiny arose: so I took up a bucket, and just thro wed
it at him. and said. You are a rogue to make such a
motion. This I can prove, my lord.

L. C. B. Ward: Call your evidence.

Mr. Cowper: Mr. Palmer, was there any mutiny in
the ship when this man was killed?

Palmer: There was none.

L. C. B. Ward: Captain Kidd. call what evidence you
will.

Kidd: They are prisoners, I desire they may be called

up.

L. C. B. Ward: Whatever other crimes they may be
guilty of, they may be witnesses for him in this case.

Bai-on Hatsell: Mr. Palmer, did he throw the bucket
at him, or strike him with it ?

Palmer: He held it by the strap iu his hand.

Kidd: Call Abel Owens. (Who appeared.) Can you
tell which way this bucket was thrown ?

Just. Powel: What was the provocation of throwing
this bucket?

Owens: I was in the cook-room and hearing some
difference on the deck, I came out, and the gunner was

154: CAPTAIN KIDD, THE PIRATE.

grindin g a chissel on a grind stone, and the captain and he
had some words, and the gunner said to the captain, You
have brought us to ruin, and we are desolate. And, says
he. Have I brought you to ruin? I have not brought
you to ruin, I have not done an ill thing to ruin you;
you are a saucy fellow to give me these words. And
then he took up the bucket and did give hinj the blow.

Kidd: Was there not a mutiny among the men?

Owens: Yes, and the bigger part was for taking the
ship; and the captain said, you that will take the Dutch-
man, you are the strongest, you may do what you
please; if you will take her, you may take her; but if
you go from aboard, you shall never come aboard again.

L. C. B. Ward: When was this mutiny you speak of?

Owens: When we were at sea.

L. C. B. Ward: How long was it before this man's
death?

Owens: About a month.

Just. Powel: At this time when the blow was given,
did Moore the gunner endeavour to make any mutiny?

Owens: No.

Just, Powel: Was there any mutiny then?

Owens: None at all.

Kidd: Did not he say he could put me in a way to
take the Dutchman, and be clear?

Owens: I know there were several of them would
have done it, but you would not give consent to it.

Kidd: No; but this was the reason I threw the bucket
at him.

L. C. B. Ward: Captain Kidd, he tells you this was a
month before you struck him.

CAPTAIN KIDD, THE PIRATE. 155

Jury : My lord, we desire he may be asked, whether
he did throw the bucket, or strike him with it?

L. C. B. Ward: Answer the jury to that question.

Owens: He took it with the strap, and struck him
with it.

Kidd: Did not I throw it at him?

Owens: No; I was near you when you did it.

Mr. Coniers: Did you see the stroke given?

Owens: I did see the stroke given.

L. C. B. Ward: Captain Kidd, will you call any more?

Kidd: Yes, my lord. Call Richard Barlicorn.

Just. Powel: What questions would you have him
asked?

Kidd: R. Barlicorn, What was the reason that blow
was given to the gunner?

Barlicorn: At first when 3'ou met with the ship, there
was a mutiny, and two or three of the Dutchmen came
aboard; And some said, she was a rich vessel, and they
would take her; and the captain said. No, I will not take
her. And there was a mutiny in the ship, and the men
said, If you will not, we will. And he said. If you have
a mind, you may; but they that will not, come along
with me.

Kidd: Do you think William Moore was one of those
that was for taking her? — Barlicorn: Yes.

L. C. B. Ward: How long was that before Moore died,
do you know?

Barlicorn: No; I did not keep a journal.

L. C. B. Ward: Was it after Moore died?

Barlicorn: No. Sir, it was before Moore died.

Mr. Coniers: How long before?

156 CAPTAIN KIDD, THE PIRATE.

Barlicorn: I believe it was about a month or tbree
weeks, I cannot tell which.

L. C. B. Ward: You say there was a mutiny in the
ship, what was the mutiny about? — Barlicorn: About
taking the ship.

L. C. B. Ward: What was the ship's name?

Barlicorn: The Loyal Captain. And the captain said,
If they take the ship, they should never come aboard
again.

L. C. B. Ward: Was you by when Moore received this
blow?

Barlicorn: No; I was not by then.

Kidd: Did you know of any quarrel between this
Moore and I before that accident?

Barlicorn : No. I did not.

Just. Powel : Was there any mutiny in the ship when
this Moore died?

Barlicorn: They were talking of it.

Kidd: Was there not a Dutchman close by us, when
this blow was given ? — Barlicorn : Yes, Sir.

Kidd: He was going to make another mutiny, and I
prevented him.

Just. Powel : Did Moore endeavour to make any mu-
tiny at this time ?

Barlicorn: The ship was gone at that time.

Just. Powel: How long had she been gone?

Barlicorn: About a week.

Baron Hatsell: Was there any mutiny about the
Dutch ship you saw?

Barlicorn: The Dutch ship? Not that I know of;
but there was a mutiny aboard the Loyal Captain.

Kidd: Do you not know of another mutiny?

CAPTAIN E^DD, THE PIRATE. 157

Baron Hatsell : Do you know of any other mutiny ? —
Barlicorn: No.

Kidd: At that very time they were going to make a
mutiny.

L. C. B. Ward: Will you ask him any more ques-
tions?

Kidd: What discourse had I with Moore at that time?

Barlicorn: I was aboard our ship, but did not see the
blow given.

Kidd: They were saying they would take her, and he
said he could put me in a way to take her, without com-
ing to any harm.

L. C. B. Ward: What occasion could those words be
of a mutiny?

Barlicorn: There were many of the men would have
gone with arms, and taken that ship without the cap-
tain's consent.

L. C. B. Ward: At that time when this Moore was
killed, was there any mutiny? — Barlicorn: No.

L. C. B. Ward: When was it that Moore said, they
might have taken this ship?

Barlicorn: At the same time when the ship was in
company with us,

L. C. B. Ward: That was a week or a fortnight be-
fore?

Barlicorn: No, Sir, the Loyal Captain was within
sight of us.

Baron Hatsell: What, when Moore was killed?

Barlicorn : No, not then. William Moore lay sick a
great while before this blow was given; and the doctor
said, when he visited him, this blow was not the cause
of his death.

158 CAPTAIN KIDD, THE PIRATE.

L. C, B. Ward: Then they must be confronted. Do
you hear, Bradinham, what he says? He says you said,
That blow was not the cause of bis death. Did you
ever say so ?

Bradinham: My lord, I never said so.

L. C. B. Ward: Did you see that young man there?

Bradinham: Yes; he was aboard the ship.

L. C. B. Ward: Was Moore sick before that blow?

Bradinham: He was not sick at all before.

Barlicorn: He was sick some time before, and this
blow did but just touch him; and the doctor said, he did
not die on the occasion of this blow.

Just. Gold: Did you ever say so, Mr. Bradinham?

Bradinham: No, my lord.

Sol. Gen.: You say he did but just touch him; Were
you present when the blow was given?

Barlicorn: No; but I saw him after he was dead, and
I was by when the doctor said, he did not die of that
blow.

Mr. Cowper: What did he die of?

Barlicorn: I cannot tell, he had been sick before; we
had many sick men aboard.

Sol. Gen. : How long did he lie after this blow before
he died?

Barlicorn: I cannot tell justly how long it was.

L. C. B. Ward: How long do you think? You took
notice of the blow; how long did he live after that?

Barlicorn : I believe about a week.

L. C. B. Ward: And the two witnesses swore he died
the next day.

Barlicorn: I cannot tell justly how long he lived
afterwards.

CAPTAIN KIDD, THE PIRATE. 150'

Jury : We desire to know whether lie knew what was
the occasion of this blow?

Barlicorn: All the reason I can give is, because it was
thought he was going to breed a mutiny in the vessel.

L, C. B. Ward : Did you hear of that by any body ?

Kidd: Was Bradinham in the mutiny? Declare that,

L. C. B. Ward: Mr. Kidd, why do you ask that ques-
tion?

Kidd: I ask him whether Bradinham was not in any
mutiny in the ship?

L. C. B. Ward: Why do you ask that?

Barlicorn: If anything was to be, he was as forward
as any one.

L. C. B. Ward: Tou say he was as forward as any;
but it does not appear any one made a mutiny at thia
time.

Barlicorn: I do not know. Sir.

L. C. B. Ward: Have you any more to call?

Kidd: My lord here is another witness.

L. C. B. Ward : What is your nanie.

Parrot: Hugh Parrot.

L. C. B. Ward: Mr. Kidd, What do you ask him?

Kidd: I ask you whether Bradinham was in a mutiny
in my ship?

Parrot: I cannot say whether he was or no.

L. C. B. Ward: Capt. Kidd, you are tried for the
death of this Moore; now why do you ask this question?
What do you infer from hence? You will not infer^
that if he was a mutineer, it was lawful for you to kill
Moore.

Kidd: Do you know the reason why I struck Moore?

160 CAPTAIN KIDD, THE PIRATE.

Parrot: Yes, because you did not take the Loyal Cap-
tain, whereof captain Hoar was commander.

L. C. B. Ward: Was that the reason he struck Moore,
because the ship was not taken?

Parrot: I shall tell you how it happened, according
to the best of my knowledge. My commander fortuned
to come up with this captain Hoar's ship, and some
were for taking her, and some not; and afterwards there
was a little sort of mutiny, and some rose in arms, the
greatest part, and they said they would take this ship;
and the commander was not for it; and so they resolved
to go away in the boat, and take her. Captain Kidd
said, ' If you desert my ship, you shall never come aboard
again, and I will force you into Bombay, and I will carry
you before some of the council there:' Insomuch as my
commander stilled them again, and they remained on
board. And about a fortnight afterward, there passed
some words between this William Moore and my com-
mander; and then says he, ' Captain, I could have put
you in a way to have taken this ship, and been never
the worse for it.' He says, ' Would you have me take
this ship? I cannot answer it, they are our friends:'
and my commander was in a passion; and with that I
went off the deck, and I understood afterwards the blow
was given, but how I cannot tell.

Just. Powel: Capt. Kidd, have you any more to ask
him; or have you any more witnesses to call?

Kidd: I could call all of them to testify the same
thing; but I will not trouble you to call any more.

L, C. B. Ward: Have you any more to say for your-
self?

Kidd: I have no more to say, but I had all the prov-

CAPTAIN KIDD, THE PIRATE. 101

ocation in the world given me; I had no design to kill
him, I had no malice or spleen against him.

L. C. B. Ward: That must be left to the jury to con-
sider the evidence that has been given; you make out
no such matter.

Juryman: My lord, I desire the prisoner may give
an account, whether he did do any thing in order to his
cure.

L. C. B. Ward: He is to be tried according to law;
the king's evidence hath been heard, and he has the
liberty to produce what evidence he can for himself;
will you put him to produce more evidence than he
can? If he has any more to say, it will be his interest
to say what he can; the court is willing to hear him as
long as he hath any thing to offer for himself, either
upon that account, or any thing else.

Kidd: It was not designedly done, but in my passion,
for which I am heartily sorry.

L. C. B. Ward: Gentlemen of the jury, the prisoner
at the bar, William Kidd, is indicted for the murder ot
William Moore, and whether he be guilty of this mur-
der, or not guilty, it is your part to determine on the
evidence that has been given. The fact charged against
him is this, That the prisoner at the bar, William Kidd,
being the commander of the ship, called The Adventure
galley, and the deceased William Moore the gunner in
that ship; that upon the high sea, near the coast of
Malabar, in the East Indies, and within the jurisdiction
of the Admiralty of England, in October, in the 9th
year of his majesty's reign, 1697, the prisoner, William

Kidd, out of his malice forethought, did strike the de-
ll

162 CAPTAIN KIDD, THE PIRATE.

ceased William Moore with a bucket hooped with iron,
on the right side of the head, and that the blow was
the occasion of the death of the said William Moore ;^
that this was done on the 30th of October, and that his
death ensued on the 31st of October, being the next day.
This is the fact charged upon him.

Now you have heard the evidence that has been given.
on the king's part, and you will weigh it well. You
hear the first witness that has been produced on behalf
of the king, is Joseph Palmer. He tells you he was
present on board this ship at the time when the blow
was given: and he says, there had been some discourse
between the prisoner William Kidd and the deceased
Moore, concerning taking a ship that was called The
Loyal Captain; and that captain Kidd said to him, ' How
could you have put me in a way to take that ship, and
be clear?' 'No,' says Moore, 'I said no such thing.'
The reply captain Kidd made to him was, ' He was a
lousy rogue.' The answer of the deceased was this, ' If
I am so, you have made me so; you have ruined me and
a great many others.' With that says captain Kidd^
' Have I ruined you, you dog? ' And up he took a bucket
hooped with iron, and gave him a blow on the right side
of his head. And thereupon he complained and said,
' You have given me my last blow.' And then Moore
went down below deck, and he saw him no more till the
next day, and then he was dead; and he felt upon his
head, and perceived a bruise in one part of it, as broad
as a shilling, and he felt the skull was broke; and he
does take on him to say, that he believes that blow was
the occasion of his death. Being asked, whether he
knew in what state of health he was before, he says, he

CAPTAIN KIDD, THE PIRATE. 163

was in a healthy condition; he was grinding a chissel
at that time when the blow was given; and that blow
he believes was the occasion of his death. And being
asked, whether he heard any other words, or saw or
knew any thing that could be any cause of provocation ?
he says, he knew no more than the reply of the deceased;
' If I am a lousy dog, you have made me so, and have
been my ruin:' and then having taken two or three
turns upon the deck, he gave him the blow; and then
Moore went down the deck, and used these words, ' You
have given me my last blow,' or to that effect.

Gentlemen, you have heard the surgeon also, Robert
Bradinham ; and he tells you, he did not see the blow given,
but he was sent for after, and the deceased said, ' Captain
Kidd had given him his last blow;' and thereupon he
did examine him as a surgeon, and does believe that blow
on the head was the occasion of his death; and he did
observe it as well as he could.

Juryman: My lord, I think Bradinham said, he was
not then by when the prisoner gave the blow.

L. C. B. Ward : I did not say he was : he says, he was
sent for after the blow; and when he came, the deceased
said, he gave it him, and what would be the conse-
quence.

Now these two being cross examined by the prisoner
William Kidd, whether they did not know of some mu-
tiny in the ship, that might be the occasion of his giv-
ing this blow; they have told both their stories, of what
discourse there was of taking this ship, The Loyal Cap-
tain, and of what design there was upon the Dutch ship
after. Now the first of these was a fortnight before this
happened, and the other a week; so that there was then

164: CAPTAIN KIDD, THE PIRATE.

no occasion of mutiny, nor do they know of any mutiny
at that time.

Now, Gentlemen, lie has produced for himself three
witnesses. The first that he calls is Abel Owens; and
this witness has not in his testimony made for the pris-
oner, but in effect confirmed what the other witnesses
for the king said: for he tells you he was by when the
blow was given, and gives you an account how this thing
was; that there was some discourse between them, much
what to the effect aforesaid, both as to what captain
Kidd said to Moore, and what Moore replied; and that
captain Kidd should say to Moore, ' You are a saucy
fellow,' or to that purpose; and Moore said, 'You have
ruined me, and a great many others; ' and with that the
prisoner took up the bucket, and struck him with it. And
he being asked, if there were any provocation or occa-
sion why this blow was given, and whether there was any
mutiny at that time, as he pretended ? he says, he knew
of none, only he speaks of one about a month before.

They have called two other witnesses; one is Richard
Barlicorn; he is the prisoner's servant; and though he
be his servant, yet the law allows him to be a witness
for him, and the credit of his testimony is left to you.
Now what has he said? He has told you some thing
different stories. He thinks there was a mutiny in the
ship. And being asked about what time ? he thinks it
was about a month or three weeks before; and, upon
further examination, saith, there was no mutiny when
Moore was killed. He is willing to say what he can for
his master, and believes Mr. Kidd did not design to do
any harm to that man; for he heard the surgeon say,
that blow was not the occasion of his death. Now, in

CAPTAIN KIDD, THE PIRATE. 1G5

contradiction to that Bradinham the surgeon says, he
never did say so, but believes that this blow was the
occasion of his death. You have heard what objections
the young man's testimony is liable to, and you will con-
sider his whole evidence.

The last witness the prisoner has called, is> Hugh Par-
rot. He says, there was some thing of these words, and
that the deceased did say, he could have put the captain
in a way to have taken the ship; and hereupon words
arose, and the captain was in a passion; and that then
he went away, and understood afterwards the blow was
given, but how he could not tell.

Now, Gentlemen, this being the matter of fact, the
prisoner is indicted upon it for murder. Now to make
the killing of a man to be murder, there must be malice
prepense, either expressed or implied: the law implies
malice, when one man, without any reasonable cause
or provocation, kills another. You have had this fact
opened to you. What mutiny or discourse might be a
fortnight or month before, will not be any reason or
cause for so long continuance of a passion. But what
did arise at that time, the witnesses tell you. The first
witness tells you, the first words that were spoken, were
by Mr. Kidd; and upon his answer, Mr. Kidd calls him
' Lousy dog.' The reply was, ' If I am so, you have
made me so; you have ruined me, and a great many
more.' Now, gentlemen, I leave it to you to consider,
whether that could be a reasonable occasion or provoca-
tion for him to take a bucket, and knock him on the
head and kill him. You have heard the witnesses have
made it out that he was a healthy man, and they are of
opinion that the blow was the occasion of his death.

166 CAPTAIN KIDD, THE PIRATE.

Now for the prisoner, on sucli a saying, and without
any other provocation, to take a bucket and knock the
deceased on the head, and kill him, must be esteemed
an unjustifiable act: for as I said, if one man kill an-
other without provocation, or reasonable cause, the law
presumes and implies malice; and then such killing will
be murder, in the sense of the law, as being done out of
malice prepense. If there be a sudden falling out, and
fighting, and one is killed in heat of blood, then our
law calls it manslaughter: but in such a case as this,
that happens on slight words, the prisoner called the
deceased a ' lousy dog; ' and the deceased said, ' If I be
so, you have made me so;' can this be a reasonable
cause to kill him? And if you believe them to be no
reasonable cause of provocation, and that this blow was
given by the prisoner, and was the occasion of Moore's
death, as the witnesses allege, I cannot see what distinc-
tion can be made, but that the prisoner is guilty of mur-
der. Indeed, if there had been a mutiny at that time,
and he had struck him at the time of the mutiny, there
might have been a reasonable cause for him to plead in
his defence, and it ought to have been taken into con-
sideration; but it appears, that what mutiny there was,
was a fortnight at least before: therefore, gentlemen, I
must leave it to you: if you believe the king's witnesses,
and one of the prisoner's own, that this blow was given
by the prisoner in the manner aforesaid, and are satis-
fied that it was done without reasonable cause or provo-
cation, then he will be guilty of murder: and if you do
believe him guilty of murder, upon this evidence, you
must find him so : if not, you must acquit him.

CAPTAIN KIDD, THE PIRATE. IGT

Kidd: My lord, I have witnesses to produce for my
reputation.

L. C. B. Ward: Mr. Kidd, we gave you time to make
your defence; why did not j'ou produce them? You
were asked more than once, if you had any more to say;
and you said, you would call no more witnesses.

Kidd: I can prove what service I have done for the
king.

L. C. B. Ward: You should have spoken sooner; but
what would that help in this case of murder? You said
you had no more to say before I began.

Then an Officer was sworn to keep the Jury; and
about an hour after the Jury returned, and gave in their
verdict.

CI. of Arr. : Gentlemen, answer to your names. Nath.
Long.

Nath. Long: Here, &c.

CI. of Arr.: Are you all agreed of your verdict?

Omnes: Yes.

CI. of Arr.: Who shall say for you?

Omnes: Foreman.

CI. of Arr.: William Kidd, hold up thy hand, (which
he did). Look upon the prisoner. Is he guilty of the
murder whereof he stands indicted, or not guilty?

Foreman: Guilty.

CI. of Arr. : Look to him, keeper.

168 captain kidd, the pirate.

The Trial op Wm. Kidd, Nicholas Churchill, Jaites
Howe, Robert Lamlet, Wm. Jenkins, Gabriel
LoFEE, Hugh Parrot, Richard Barlicorn, Abel
Owens, and Darby Mullins, for Piracy and
Robbery, on a Ship Called " The Quedagh' Mer-
chant:" 13 William III. A. D. 1701.

May 9, 1701.

' The jurors for our sovereign lord the king do, upon
their oath, present. That

William Kidd, late of London, mariner;

Nicholas Churchill, late of London, mariner;

James Howe, late of London, mariner;

Robert Lamley, late of London, mariner;

Wm. Jenkins, late of Loudon, mariner;

Gabriel Loffe, late of London, mariner;

Hugh Parrot, late of London, mariner;

Richard Barlicorn, late of London, mariner;

Abel Owens, late of London, mariner; and

Darby Mullins, late of London, mariner;
the 30th day of January, in the 9th year of the reign of
our sovereign lord, William the Third, by the grace of
God, of England, Scotland, France and Ireland, Idng,
defender of the faith, &c. by force and arms, &c. upon
the high sea, in a certain place distant about ten leagues
from Cutsheen, in the East-Indies, and within the juris-
diction of the Admiralty of England, did piratically and
feloniously set upon, board, break, and enter a certain
merchant ship, called The Quedagh Merchant, then being
a ship of certain persons (to the jurors aforesaid un-

1 Quedah, Kedah, or Kiddah, is a half independent state on
the west coast of the Malay Peninsula, on the Strait of Malacca.

CAPTAIN KIDD, THE PIRATE. IGS

known); and tlien and there piratically and feloniously,
did make an assault in and upon certain mariners (whose
names to the jurors aforesaid are unknown) in the same
ship, in the peace of God, and of our said now sovereign
lord the king, then and there being, piratically and
feloniously did put the aforesaid mariners of the same
ship, in the ship aforesaid, upon the high sea, in the
place aforesaid, distant about ten leagues from Cutsheen
aforesaid, in the East-Indies aforesaid, and within the
jurisdiction aforesaid, piratically and feloniously did
steal, take, and carry away the said merchant ship, called
The Quedagh Merchant, and the apparel and tackle of
the same ship, of the value of 4:001. of lawful monej'' of
England; TO chests of opium, of the value of 1,400?. of
lawful money of England ; 250 bags of sugar, of the value
of 100 Z. of lawful money of England; 20 bales of raw
silk, of the value of 400?. of lawful money of England;
100 bales of callicoes, of the value of 200Z. of lawful
money of England; 200 bales of muslins, of the value
of 1,000?. of lawful money of England, and three bales
of romels, of the value of 30?. of lawful money of Eng-
land; the goods and chattels of certain persons (to the
jurors aforesaid unknown) then and there, upon the high
sea aforesaid, in the aforesaid place, distant about ten
leagues from Cutsheen aforesaid, in the East-Indies
aforesaid, being found in the aforesaid ship, in the cus-
tody and possession of the said mariners of the said ship,
and from their custody and possession, then and there,
upon the high sea aforesaid, in the place aforesaid, dis-
tant about ten leagues from Cutsheen aforesaid, in the
East-Indies aforesaid, and within the jurisdiction afore-
said, against the peace of our said now sovereign lord
the king, his crown and dignity, &c.'

170 CAPTAIN KIDD, THE PIRATE.

CI. of Arr.: Set William Eidd, Nicholas ChurcMll,
&c. to the bar (And so of the rest.) Will. Kidd, hold
up thy hand. (Which he did, and so of the rest.) You
the prisoners at the bar, those men that you shall hear
called, and that personally appear, are to pass between
our sovereign lord the king and you, upon trial of your
several lives and deaths. If therefore you, or any of
you, will challenge any of them, your time is to speak
to them as they come to the book to be sworn, and be-
fore they be sworn.

And there being no challenges, the twelve that were
-sworn on the jury were as follows:

John Cooper,

Jo. Hall,

Jo. James,

Peter Parker,

Caleb Hook,

E.. Rider,

P. Walker,

William Hunt,

John Micklethwait,

Richard Chiswell,

Abraham Hickham,

George Grove.

CI. of Arr. : Crier, count these : John Cooper.

Cryer: One, &c. Twelve good men and true, stand
together, and hear your evidence.

(Then the usual proclamation for information was
made; and the prisoners being bid to hold up their
hands, the clerk of arraignments charged the jury with
them thus:)

CI. of Arr.: You of the jury, look upon the prisoners,
and hearken to their cause. They stand indicted by the

CAPTAIN KIDD, THE PIRATE. 171

names of William Kidd, &c. (as before in the indictment).
Upon this indictment they have been arraigned, and
thereunto have severally jjleaded, Not Guilty; And for
their trial put themselves on God and their country,
which country you are. Your charge is, to enquire
whether they be guilty of the piracy and robbery whereof
they stand indicted in manner and form as they stand
indicted, or not guilty, &c.

Nic. Churchill: My lord, I beg your opinion, whether
I may not plead the king's pardon ?

L. C. B. Ward: Let us see your pretences; you shall
have all legal defences and advantages allowed to j'ou.

Churchill: I came in upon his majesty's proclamation.

L. C. B. Ward: Have you the king's proclamation?
If you have, let us see it.

Churchill: We had notice of it at Guiana: and we de-
livered up ourselves to col. Bass, governor of East-Jer-
sey, and I have it under his hand. I beg your lordship
would appoint me counsel to plead my case.

(The paper was shewn, and read.)

Mr. Crawley: I know not when it was.

Churchill: I had notice of it at Guiana: I have been
two years in custody.

L. C. B. Ward: How long have you been a prisoner?

Churchill: Almost two years? two years next July.

L. C. B. Ward and the rest of the Judges : The Proc-
lamation (for what you say yourself) does not reach
your case.

Howe, Churchill, Mullins: We came in upon the
proclamation all the same day.

Just. Powel: How can you make it appear you sur-
rendered?

172 CAPTAIN KroD, THE PIRATE.

Prisoners: Here is an affidavit made of it by the gov-
ernor's secretary; and there is the gentleman himself,
col. Bass.

Just. Powel: You must make it out that you have
come in within the conditions of that proclamation, if
you have any benefit by it.

L. C. B. Ward: Let the proclamation be read.' (Which
was done accordingly.)

Clerk : There is no day mentioned in this paper when
they surrendered themselves.

Mr. Moxon: My lord, about the year 1698, there was
a special commission given to four persons, and they
were to proceed in their voyage to the Indies, and they
carried a great number of Proclamations, That all the
pirates in such and such places should surrender them-
selves: Now they came to St. Helena with them, and
captain Warren was sent to St. Mary's, and he was to
deliver some of these proclamations there, and the com-
missioner had then the ambassador to the Great Mogul
on board, and this captain Warren these proclamations.
Warren comes and delivers the proclamations out, and,
among the rest, the prisoner at the bar having notice
of this, he goes to the governor, and confesses he had
been a pirate, and desired them to take notice that he
surrendered himself; and we have the governor here, to
give an account of this matter.

L. C. B. Ward: The proclamation says. They must
surrender themselves to such and such persons by name :
see if it be so. (Then the proclamation was read again.)
Here are several qualifications mentioned; you must

1 See page 129.

CAPTAIN KIDD, THE PIRATE. 173

bring yourselves under them, if you would have the
benefit of it.

Dr. Newton: Let them shew that they surrendered
themselves to the persons they were to surrender to.

Mr. Moxon: My lord, we will prove we gave notice
within the time, by this paper.

Sol. Gen. (sir John Hawles): There is no time men-
tioned in it. (The affidavit was read.) ' Charles Hally,
gent, maketh oath. That in the year 1698, there being
notice of his majesty's gracious pardon to such pirates
as should surrender themselves, James Howe, Nicholas
Churchill, and Darby Mullins, in May, 1699, did sur-
render themselves to Jeremiah Bass, and he did admit
them to bail.'

L. C. B. Ward: There are four commissioners named
in the proclamation; there is no governor mentioned
that is to receive them, only those four commissioners.

Mr. Moxon: But, my lord, consider the nature of this
proclamation, and what was the design of it, which was,
to invite pirates to come in.

Mr. Coniers: We must keep you to the proclamation;
here is not enough to put off the trial.

L. C. B. Ward: If you had brought yourselves within
the case of the proclamation, we should be very glad;
you that offer it, must consider it is a special proclama-
tion, with divers limitations; and if you would have the
benefit of it, you must bring yourselves under the con-
ditions of it. Now there are four commissioners named,
that you ought to surrender to; but you have not sur-
rendered to any one of these, but to colonel Bass, and
there is no such man mentioned in this proclamation.

Mr. Knapp: My lord, and the gentlemen of the jury,

174 CAPTAIN KIDD, THE PIRATE.

the indictment sets forth, that the prisoners at the bar,
on the 30th of January, in the 9th year of his majesty's
reign, ten leagues distant from Cutsheen, did piratically
seize and rob a certain ship called the Quedagh Mer-
chant, and put the men in fear of their lives; and the
said ship, with her apparel, tackle and goods, did then
and there, upon the high sea, take and carry away,
against the peace of our sovereign lord the king, his
crown and dignity: tothisindictment they have pleaded,
not guilty: If we prove it upon them, you must find
them guilty.

Dr. Newton, Advocate for the Admiralty: My lord,
and gentlemen, the prisoners at the bar, captain Will-
iam Kidd, late commander of the Adventure Galley,
and nine other mariners in the same vessel, stand
indicted for feloniously and piratically assaulting and
taking a ship, called the Quedagh Merchant, on the high
sea near Cutsheen, in the East Indies, about the 30th of
January, in the 9th year of his majesty's reign: The
ship was considerable for its force and bulk, being about
four hundred ton; and more considerable for its lading,
having on board to the value of many thousand pounds.

This captain Kidd, who thus acted the pirate himself,
went from England in April, 1696, with a commission,
dated the 26th of January preceding, to take and seize
pirates in the Indian seas, which were then very much
and very dangerously infested by them, to the great haz-
ard, and loss, and ruin of the merchant.

The ship carried thirty guns, and there were on board
about eighty men; but the captain being come to New
York, in July 1696, pretending, as indeed it was de-
signed he should, and he had undertaken to make that

CAPTAIN KIDD, THE PIRATE. 175

design good, that he was going to Madagascar (which
was the known and common recex)tacle of the pirates in
those seas) to take pirates, and free the seas from those
disturbers of the commerce of mankind; so many came
in to him, being invited by articles publicly set up by
him in that place, that his number quickly encreased to
one hundred and fifty five men; a force sufficient, if he
had meant well, to have made him useful to the public;
and to prove as mischievous, if his designs were other-
wise: And what those were, will quickly appear.

Atcer calling in at several places for provisions, and,
among others, at Madagascar, in July, 1697, he sailed
to Bab's Key, a small island at the entrance of the Red
Sea, and a convenient station for the observing what
vessels went from thence to the Indies; and now, instead
of taking pirates, he becomes one himself, and the great-
est and the worst of all. Here he staid three weeks, in
expectation of the Mocca fleet, to make his benefit and
his fortune out of it; for, whatever he had before pre-
tended, this was his real design, and now so possessed
his mind, that he could not refrain from declaring, and
that often to his men, That now he should make his
voyage, and ballast his ship with gold and silver. After
long expectation, the fleet, on the 14th of August, to
the number of 14, came by; he fell in with the middle
of them, fired several guns at them; but finding they
had an English and Dutch convoy, that design happily
failed of the wished-for success.

This disappointment however did not discourage him,
but that he proceeded on for the coast of Malabar, where
he knew the trade was considerable, and hoped his ad-
vantage would be proportionable in the disturbing it;

176 CAPTAIN KIDD, THE PIRATE.

and there accordingly, for several months, he committed
many great piracies and robberies, taking the ships and
goods of the Indians and others at sea, Moors and Chris-
tians, and torturing cruelly their persons, to discover if
any thing had escaped his hands; burning their houses,
Eind killing, after a barbarous manner, the natives on
the shore; equall}' cruel, dreaded and hated both on the
land and at sea.

These criminal attempts and actions had rendered his
name (to the disgrace and the prejudice of the English
nation) too well known and deservedly detested, in those
remote parts of the world; and he was now looked upon
as an areh-j)irate, and the common enemy of mankind;
and accordingly two Portuguese men of war went out
in pursuit of him, and one met with him and fought him
for several hours; but Kidd's fortune then reserved him
for another manner of trial.

Amongst the great number of vessels he took on that
coast, was the ship he stands indicted for. The Quedagh
Merchant, being then on a trading voyage from Bengal
to Surat, the commander English, captain Wright, the
owners Armenian merchants, and others. He had taken
Moors before, but Moors and Christians are all alike to
pirates, they distinguish not nations and religions.

Those on board the vessel offered 30,0C0 rupees for her
ransom, but the ship was too considerable to be j^arted
with, even for so great a sum; so Kidd sold goods out
of her, on the neighboring coast, to the value of 10 or
12,000^. out of which he took whatever he could pretend
to for ammunition and provisions, with fortj^ shares for
himself, and the remainder was disposed of amongst the
•crew, and particularly those who are here indicted with

CAPTAIN KIDD, THE PIRATE. 177

him, who accompanied him, who assisted him through-
out in all his piracies, and who now too share the spoils
and the guilt with him.

With this ship and another, and the remainder of the
goods not sold on the coast, he sailed once more for
Madagascar, where he arrived in the beginning of May,
1698, and there again what was left on board was di-
vided according to the same proportions, and amongst
the same persons as before, each mariner having about
three bales to his share.

(Then the Jury brought in their verdict against Will-
iam Kidd, for murder; and Dr. Newton proceeded:)

It is not to be omitted, that at his return to Mada-
gascar, there came on board some persons from the
ship The Kesolution, formerly the Mocca frigate (for
the piratically seizing of which vessel there have been
formerly trials and convictions in this place), of which
captain Culliford, a notorious pirate, now in custody,
and against whom two bills have been found for piracy
by the grand jury, was the commander. They at first
seemed to be afraid of Kidd, but without any ground;
as his former actions had demonstrated, and the sequel
shewed: they, who were hardened pirates, and long
inured to villanies, could scarce think that any man
could so betraj' the trust and confidence the public had
placed in him, and said, they heard he was come to take
and hang them; but captain Kidd assured them he had
no such design, and that he had rather his soul should
broil in hell, than do them any harm; bid them not be
afraid, and swore he would be true to them; and here,
indeed, he did not break his word. This was his way
of being true to his trust, and making good the ends of
13

178 CAPTAIN KIDD, THE PIRATE.

his commission, in acting with the greatest treachery,
and the greatest falseness, that ever man did: and, to
make all that has been represented of him true, captain
Kidd and captain Culliford went on board, treated and
presented each other; and, instead of taking Culliford,
as it was his duty to have done, and his force was suffi-
cient to have performed it, he gave him money and am-
munition, two great guns and shot, and other necessa-
ries to fit him out to sea, that he might be in a condition
the better to take and seize other innocent persons.

His own ship he now left, and went on board The
Quedagh Merchant; several of his men then went from
him, but not the prisoners; they were all along well
wishers and assistants to him, fought for him, divided
the plunder with him, and are now come to be tried
with him.

This, Gentlemen, is the crime he is indicted for, piracy;
the growing trouble, disturbance, and mischief of the
trading world, and the peaceable part of mankind, the
scandal and reproach of the European nations, and the
Christian name (I wish I could not say, that the Kidds
and the Averys%ad not made it more particularly so of
the English) amongst Mahometans and Pagans, in the
extremest parts of the earth; which turns not only to
the disadvantage of the immediate sufferers, but of all
such as traffic in those countries, whether companies or
single merchants, who are to suffer for the misfortunes
of others, with whom, it may be, they have no dealings;
and for the villainies of such, whom they and all man-
kind equally and justly detest and abhor.

This is the person that stands indicted at that bar,
than whom no one in this age has done more mischief,
1 See Apj)endix.

CAPTAIN KEDD, THE PIRATE. 179

in this worst kind of mischief; or has occasioned greater
confusion and disorder, attended with all the circum-
stances of cruelty and falsehood, and a complication of
all manner of ill.

If therefore these facts shall be proved upon him, you
will then, gentlemen, in finding him guilty, do justice
to the injured world, the English nation (our common
country) whose interest and welfare so much depend on
the encrease and security of trade; and, lastly, to your-
selves, whom the law has made judges of the fact.

Sol. Gen.: My lord, and gentlemen of the jury, I am
of counsel for the king, against the prisoners at the bar,
in this case, with the doctor that has opened the matter
from the beginning. These prisoners at the bar went
out with commissions for good purposes, though they
made use of them to very bad ones. Gentlemen of the
jury, I must tell you, the charges upon which you are to
enquire, is only upon a certain ship, called The Quedagh
Merchant, and to that we shall apply our evidence.
What was taken in her has been opened already: all we
will do now is to call our witnesses, and make out, to
your satisfaction, the things charged upon them.

Mr. Coniers: My lord, we shall prove this charge by
the persons who were evidence before, Robert Bradin-
ham, and Joseph Palmer: they went out with captain
Kidd in his voyage, and he began it in April, 1696. I
believe it will be necessary, that they give some account
before this piracy was committed, which was not, in
time, till February, 1697. They will give you an ac-
count of some plunders that happened before this, and
then of the taking of this ship, and the dividing it
amongst them.

180 CAPTAIN KIDD, THE PIRATE.

Just. Powel: When went they out?
Mr. Coniers: They began their voyage in April, 1696,
and took this ship in February, 1697. They did, all along
that voyage, commit several plunders on several ships
they thought a prey: their design was, not to take pi-
rates, but to take what they could get out of any ships,
friends or enemies; for in this ship. The Quedagh Mer-
chant, which was a Moorish ship, there were several
Armenians ; and they offered them a great sum of money
to redeem the ship, but they refused it; and they dis-
posed of the goods, and divided the money; and for the
proof of that, we will call Mr. Bradinham.

Just. Powel: I understand, that he had a commission;
therefore if any one has a commission, and he acts ac-
cording to it, he is not a pirate; but if he take a com-
mission for a colour, that he may be a pirate, it will be
bad indeed: and therefore, if you can prove, that he was a
pirate all along, this will be a great evidence against him.
Mr. Coniers: My lord, we will prove that: so that the
commission was but a colour. Mr. Bradinham, pray,
give my lord and the jury an account when you began
your voyage, and your proceedings afterwards.

Bradinham : Some time in the year 1696, about the
beginning of May, I and others were with captain Kidd;
and we sailed from Plymouth, designing for New York;
and in the way we met with a French banker,' and took
her.

Mr. Coniers: Tell the court what ship it was you
went in, and with whom.

Bradinham : We went with captain Kidd, in the Ad-
venture galley.

1 A ship engaged in cod fishing.

CAPTAIN KIDD, THE PIRATE. 181

Mr. Coniers: What number of men had you when you
first went out?

Braclinham: About 70 or 80 men.

Mr. Coniers: What force of guns had you?

Bradinham: We had 30 guns.

Mr, Coniers: In what office was captain Kidd in the
ship?

Bradinham : He was the commander of her.

Mr. Coniers: Now tell my lord and the jury what
time you left England, and how you proceeded.

Bradinham: In May, 1696, we left Plymouth, and
went to New York, and in the way met with a French
ship, and took her: and when we came to New York,
captain Kidd put up articles, that if any men would
enter themselves on board his ship, they should have their
shares of what should be taken; and he himself was to
have forty shares.

Mr. Coniers : What number of men did he get after
these articles were published ?

Brad. : He carried from New York 155 men.

Mr. Coniers: Whither did he sail then?

Brad.: To the Madeiras, from thence to Bonavis,
from thence to St. Jago, from thence to Madagascar,
from thence to Joanna, from thence to Mahala, from
Mahala to Joanna again, and from thence to the Red-
sea; and there we waited for the Mocca fleet: They
passed us one night, and we pursued them, and went
among them, but he found they were too strong for him,
and was fain to leave them.

Mr. Cowper: How long did you lie in wait for that
fleet?

Brad.: A fortnight or three weeks.

182 CAPTAIN KIDD, THE PIRATE.

Mr. Cowper: Did lie express himself so, that he did
lie in wait for that fleet?

Brad. : Yes ; he said, that he did design to make a
voyage out of them.

Mr. Cowper: Did he not lie in wait for any French
eflFects in that fleet?

Brad. : No, only for the Moorish fleet.

Mr. Cowper: What do you mean by the Moorish fleet?

Brad. : The natives of India, the Mahometans.

Mr. Cowper: Where did you lie in wait for that fleet?

Brad.: In the Red-sea.

Mr. Cowper: In the mouth of it? — Brad.: Yes.

Mr. Cowper: Is it a fit place for that purpose?

Brad.: Several sail of ships may lie there.

Mr. Cowper: Did you expect them?

Brad.: Yes; captain Kidd waited for them.

Mr. Coniers: How long did you stay there?

Brad.: About a fortnight.

Mr. Coniers: Did you do any thing in that time to
get intelligence?

Brad.: Captain Kidd sent his boat three times to
Mocca, to see if they could make any discovery; and the
two first times they could make none; but the third
time they brought word the ships were ready to sail;
and accordingly they came, and we sailed after them,
and fell in with them, and captain Kidd fired at them.

Mr. Cowper: You say, he sent his boat three times
for intelligence: Can you remember what answer they
brought ?

Brad. : The two first times they brought no intelli-
gence; but the third time they brought word that 14
or 15 ships were ready to sail.

CAPTAIN KIDD, THE PIRATE. 183

Mr. Coniers : What colours did they say they had ?

Brad.: I cannot tell that. When captain Kidd had
fetched them up, he found they were under convoy, and
so he left them: and then he was going to the coast of
Malabar, and by the way met with captain Parker.

Just. Powel: Did they fire any guns at the Mocca
fleet?

Brad.: Yes; capt. Kidd fired divers guns at them.

Mr. Coniers: After such time as you left the Mocca
fleet, what happened after that? Recollect yourself.

Brad.: We took a ship, that captain Parker was com-
mander of, between Carawar and the Red-sea.

Mr. Coniers: What ship was this that capt. Parker
was commander of?

Brad.: A Moorish ship; she came from Bombay, and
capt. Parker was the master.

Mr. Coniers: What did you take from this ship?

Brad. : Capt. Kidd took out Parker, and a Portuguese
for a Linguister.

Mr. Coniers: A Linguister, What do you mean by
that?

Brad.: An interpreter; he took out of her a bale of
cofiee, a bale of pepper, about twenty pieces of Arabian
gold, and ordered some men to be taken and hoisted up
by their arms, and drubbed with a naked cutlace.

Mr. Coniers: Why did he do that?

Brad.: That they might confess what money they
had.

Mr. Coniers : Were those Frenchmen that were thus
used?

Brad.: No, they were Moors.

184: CAPTAIN KIDD, THE PIRATE.

Mr. Coniers: Was there any demand made of those
men, capt. Parker and the Portuguese?

Brad.: Yes; the English factory sent for this Parker
and the Portuguese, and he denied that he had any such
persons on board, for he kept them in the hole.

Mr. Coniers: Do you know any thing more?

Brad.: Then he went to sea, and that night met with
a Portuguese man of war; the next morning he came
up with her, and the Portuguese first fired at capt.
Kidd, and he at him again; they fought four or five
hours. Capt. Kidd had ten men wounded.

Mr. Coniers: So there was nothing more than fight-
ing?— Brad. No.

Mr. Coniers: Go on. What did you do next?

Brad. : We went to the coast of Malabar.

Mr. Coniers: What did you go thither for?

Brad.: We went to one of the Malabar islands for
wood and water, and captain Kidd went ashore, and sev-
eral of his men, and plundered several boats, and burnt
several houses, and ordered one of the natives to be tied
to a tree, and one of his men to shoot him.

Mr. Coniers: Pray go on: What was the reason of his
shooting this Indian ?

Brad. : One of his men, that was his cooper, had been
ashore, and some of the natives had cut this man's throat,
and that was the reason he ordered his men to serve this
man so.

Mr. Coniers: Pray go on, and give an account of what
afterwards.

Brad. : Then we came back again to the Malabar coast
and cruised ; and in October he killed his gunner, Will-
iam Moore.

CAPTAIN KIDD, THE PIRATE. 185

Mr. Coniers: Tell what happened next after that.

Mr. Cowper: Was this the October next after he left
England, or the year following?

Brad.: It was in October, 1697.

Mr. Coniers: Well, go on.

Brad.: Some time in November he took a Moorish
ship belonging to Surat: there were two Dutchmen be-
longing to her, the rest were Moors. Captain Kidd
chased this ship under French colours; and when the
Dutchman saw that, he put on French colours too. And
captain Kidd came up with them, and commanded them
on board; and he ordered a Frenchman to come upon
deck, and to pretend himself captain: And so this com-
mander comes aboard, and comes to this Monsieur Le
Roy that was to pass for the captain, and he shews him
a paper, and said it was a French pass. And captain
Kidd said, ' By God, have I catched you ? You are a
free prize to England.' We took two horses, some quilts,
&c. and the ship he carried to Madagascar. In Decem-
ber he took a Moorish ketch; ' she was taken by the boat j
we had one man wounded in taking of her.

Mr. Coniers: When was this done?

Brad.: In December, 1697.

Mr. Coniers : What did you plunder then ?

Brad. : Our people took the vessel ashore, and captain
Kidd took out of her thirty tubs of sugar, a bale of cof-
fee, &c. and then he ordered the vessel to be turned adrift.

Mr. Coniers: What followed in January?

Brad. : January the 20th, captain Kidd took a Port-
uguese that came from Bengal: he took out of her two

1 An old English term applied to a vessel with two masts and
from one hundred to two hundred and fifty tons burden-

186 CAPTAIN KIDD, THE PIRATE.

chests of opium, some East India goods, and bags of
rice, &c.

Mr. Corners: How long did you keep this ship?

Brad.: He kept this Portuguese ship about seven
days; he took out of her some butter, wax, and East
India goods: He kept her till he was chased by seven
or eight sail of Dutch, and then he left her,

Mr. Coniers: My lord, now we are come to that on
which the indictment is founded. Mr. Bradinham, give
a particular account of that.

Brad. : Some time in January, captain Kidd took The
Quedagh Merchant; he gave her chase under French
colours: he came up with her, and commanded the mas-
ter aboard; and there came an old Frenchman in the
boat; and after he had been aboard awhile, he told cap-
tain Kidd he was not the captain, but the gunner; and
captain Kidd sent for his captain on board his ship.

Mr. Coniers: Who was that? — Brad.: Mr. Wright.

Mr. Coniers: What countryman was he?

Brad.: An Englishman. He was sent for aboard, and
he came; and captain Kidd told him, he was his pris-
oner; and he ordered his men to go aboard, and take
possession of the ship, and disposed of the goods on
that coast, to the value of 7 or 8,000?.

Mr. Coniers: What persons were aboard her?

Brad.: There was captain Wright, and two Dutch-
men, and a Frenchman, and some Armenians, and the
rest Moors.

Mr. Coniers: Did these Armenians make any offer of
any money for their ransom?

Brad.: Captain Kidd told them, they should be ran-
somed, if they made an offer that he liked of; so they

CAPTAIN KIDD, THE PIRATE. IST

offered hira 20,000 rupees. He told them, that was but
a small parcel of money, and the cargo was worth a
great deal more.

Mr. Coniers: Who did the cargo belong to?

Brad.: To those Armenians, as I was informed by
captain Wright.

Mr. Coniers: What did he do with them?

Brad. : He disposed of some of them on the coast of
India.

Mr. Coniers: What did he do with the proceed of the
goods he sold?

Brad. : He shared the money.

Mr. Coniers: Had these men (the other prisoners) any
of the share ?

Brad.: Yes, all of them. You were a half share man,
and you a half share man, (pointing at two of them).

Mr. Coniers: Mr. Bradinham, you say captain Wright
came aboard Kidd's ship ? — Brad. : Yes.

Mr. Coniers: Did he discourse with him?

Brad. : I was not with him, for he kept his cabin to
himself.

Mr. Coniers: But you are sure he came aboard? —
Brad.: Yes.

Mr. Coniers: And he was an Englishman?

Brad.: Yes.

Mr. Coniers: How did captain Kidd behave himself
to the ships or boats there?

Brad. : He boarded several ships, and took out of them
what was for his turn.

Mr. Coniers: How did he use those that he traded
with?

Brad.: Some of them came aboard several times, and

188 CAPTAIN KIDD, THE PIRATE.

he traded with them: but some of them came aboard
when he was going away, and he plundered them, and
sent them ashore without any goods.

Mr. Coniers: What countrymen were those he served
thus?

Brad.: Mahometans: they had dealt with him before
considerably.

Mr. Coniers: How much did he take from them? —
Brad. : About 500 pieces of eight.

Mr. Coniers: How do you know that?

Brad. : I saw it told afterwards. We went to Mada-
gascar afterwards, and by the way met with a Moorish
ship, and took out of her several casks of butter, and
other things.

Mr. Cowper: What were the crew of this ship?

Just. Po wel : They are indicted for the Quedagh Mer-
chant. Were all the prisoners in that action? You
have given an historical account from the beginning, that
he was a mere plunderer; but now you are to come to
the Quedagh, for which they are indicted; go not be-
yond it.

Mr. Coniers : Look on the several prisoners at the bar,
and tell, whether any of the prisoners were at the taking
of The Quedagh Merchant?

CI. of Arr.: Was William Kidd there at the time th\>
ship was taken?

Brad.: Yes.

CI. of Arr.: Was Nicholas Churchill there? — Brad.:
Yes.

CI. of Arr.: Do you know James Howe? Was he
there ? — Brad. : Yes.

CI. of Arr. : Had he a share ? — Brad. : Yes.

CAPTAIN KIDD, THE PIRATE. 189

CI. of. Arr.: Had Robert Lamley a share?

Brad.: Yes; he was a servant, and had but half a share
of the money, and a whole share of the goods.

CI. of Arr.: William Jenkins, was he there, and had a
share? — Brad.: Yes.

CI. of Arr.: Gabriel Loffe, did you know what he had?

Brad. : He had half a share of the money, and a whole
share of the goods.

CI. of Arr. : Hugh Parrot, what had he ? — Brad. : Half
a share.

CI. of Arr.: Had Richard Barlicorn a share?

Brad. He had half a share of money, and a whole
share of goods.

CI. of Arr.: Had Abel Owens any? — Brad.: He had
half a share.

Abel Owens: Had I any of it?

Brad.: You had it; you took it.

CI. of Arr. : What had Darby Mullins ?

Brad. : He had half a share of the money, and a whole
share of the goods.

Mr. Corners : Now we have fully proved this as to the
Quedagh Merchant.

Dr. Newton: When you came to Madagascar, what
was done there?]

Brad. : There came a canoo to us with some English-
men in her; they were formerly acquainted with captain
Kidd, and they told him, they had heard that he was
come to take them, and hang them.

Dr. Newton: Who were they?

Brad. : They belonged to the Mocca frigate.

Mr. Coniers: Give a particular account of that mat-
ter.

190 CAPTAIN KIDD, THE PIRATE.

Brad.: When we came to Madagascar, there came a
canoo off to us.

Mr. Coniers: From whom?

Brad.: From the Mocca frigate, captain Culliford was
the commander; and there were some white men in her,
that had formerly been acquainted with captain Kidd;
they heard that he was come to take them, and hang
them. He told them it was no such thing, for he was
as bad as they.

Mr. Coniers: Were they thought to be pirates? —
Brad.: They were so.

Mr. Coniers: What was it that captain Kidd said?

Brad.: He assured them it was no such thing; and
afterwards went aboard with them, and swore to be true
to them; and he took a cup of bomboo,^ and swore to
be true to them, and assist them; and he assisted this
captain Culliford with guns, and an anchor, to fit him
to sea again.

L. C. B, Ward: How came you to know all this? Was
you aboard then?

Brad.: I was aboard then, and I heard the words.

Dr. Newton: Were any of the goods divided at Mada-
gascar?— Brad.: Yes.

Mr. Coniers: Now look on the prisoners again: you
say, after he met with this captain Culliford, you went
and had a division made; pray, give an account of it.

Brad.: When we came to Madagascar, captain Kidd
ordered the goods to be carried ashore, and shared; and
he had forty shares himself.

CI. of Arr.: So every one of the prisoners at the bar
had a share? — Brad.: Yes.

1 A drink made of limes, sugar and water.

CAPTAIN KIDD, THE PIRATE. 191

Mr. Coniers: What became afterwards of the Adven-
tnre-Galley ?

Brad.: She was so leaky, that she had two pumps
going; and when she came to shore, they left her, be-
cause she was not fit to go to sea again. And so captain
Kidd went aboard the Scuddee Merchant, and designed
to make a man of war of her.

Mr. Coniers: What is that Scuddee Merchant? Do
you mean the Quedagh Merchant? — Brad.: Yes.

L. C. B. Ward: What became of that ship afterwards?

Brad.: I left him at Madagascar, after the money
and goods were divided; and can give no account after-
wards.

Dr. Newton: But you say, capt. Kidd went aboard
the Quedagh?

Brad.: Yes.

Mr. Coniers: My lord, we have done as to this wit-
ness; if they will ask any thing they may.

CI. of Arr. : Will any of you ask him any questions ?

Kidd: He says, when he went out first from England,
lie went out of Plymouth in May, which he did not; for
he went in April, therefore this is a contradiction.

L. C. B. Ward: Mr. Kidd, if you will ask him any
questions, you may. Do you desire he should be posi-
tive when you went from Plymouth.

Brad. : It was about the 1st of May, my lord.

L. C. B. Ward: What year?

Brad. : In the year 1696.

CI. of Arr.: Nicholas Churchill, will you ask him any
questions ?

Churchill: I would have went ashore at Carawar, but
the captain would not let me.

192 CAPTAIN KIDD, THE PIRATE.

L. C, B. Ward: It is proved, that you was at the tak-
ing of the Quedagh Merchant, and dividing the goods.

Churchill: Yes, my lord; hut I could not help it; I
was forced to do what the captain ordered me.

CI. of Arr. : James Howe, will you ask him any ques-
tions?

Howe : Have not I obeyed my captain in all his com-
mands ?

L. C. B. Ward: There is no doubt made of that. If
any of you will ask him any questions, you may.

Kidd: Did you not see any French passes aboard the
Quedagh Merchant?

Brad.: You told me you had French passes; I never
did see them,

Kidd: Did you never declare this to any body, that
you saw these French passes?

Brad.: No, I never did see any; but I only said, I
heard you say you had them,

Churchill: Had I any share? — Brad.: Yes.

Churchill: How will you prove that?

Jenkins: My lord, I ask him, whether I was not a
servant?

L. C. B. Ward: Ask the witness what questions you
will.

Brad. : My lord, he was a servant.

L. C. B. Ward: Who was he servant to?

Brad.: To George Bullen.

Jenkins : My lord, I beg you will examine my indent-
ure, for I have it in my pocket; I had nothing aboard
that ship but what my master had.

Brad,: But you had a share of the goods: I cannot
tell whether your master had it afterwards.

CAPTAIN KIDD, THE PIRATE. 193

CI. of AiT. : Gabriel Lofife, have you any question to '
ask him?

Loffe : I have nothing to say to him, but to ask him,
Whether I did ever disobey my captain's commands, or
was any ways mutinous on board the ship?

Brad. : No, I cannot say you did.

CL of Arr. : Hugh Parrot, do you ask him any ques-
tions?— Parrot: No.

CI. of Arr.: Richard Barlicorn, do you ask him any
questions?

Barlicorn: I ask him, whether I was not the cap-
tain's servant?

L. C. B. Ward: Yes, he says you was.

CI. of Arr.: Abel Owens, will you ask him any ques-
tions ?

Owens: I have nothing to say; but depend upon the
king's proclamation.

CI. of Arr.: Darby Mullins, have you any question to
ask him?

Mullins: My lord, he knows I had nothing but what
captain Kidd was pleased to give me.

L. C. B. Ward: Was he a servant to captain Kidd,
or no?

Brad. : He had a half share of money, and a whole
share of goods.

Just. Powel: What was the reason some had whole
shares, and some half shares?

Brad. : Some were able seamen, and some landmen or
servants. There were in all 160 shares, whereof captain
Kidd had 40; and some of the men had whole shares,
and some only half shares.
13

194 CAPTAIN KIDD, THE PIRATE.

Mr. Cowper: You told us at first, that in your pas-
sage to New York, you took a French banker, and that
he condemned her at New York. — Brad.: Yes.

Mr. Cowper: Did he offer to carry any other ships he
took to be condemned?

Brad. : No, Sir, never.

Mr. Coniers: Call Joseph Palmer. (Who appeared.)
Mr. Palmer, give my lord and the jury an account,
whether you were one of the men that went with cap-
tain Kidd in the Adventure galley. — Palmer: Yes, I
was.

Mr. Coniers: Then give an account when you left
England; and of your proceedings in your voyage.

Palmer: About the last of April, or the beginning of
May, 1696, we went out of Plymouth to New York, and
by the way took a French banker. And in July we
came to New York. About the 6th of February we
went to Maderas.

Mr. Coniers : When you were at New York, was there
any publication of any thing, to invite men to come in
to captain Kidd?

Palmer: Yes, there were articles set up for men to
come aboard captain Kidd's ship; he was to have 40
shares for his ship, and every man was to have a share;
and they were to give him 61. a man for their arms.

Mr. Coniers: How many men was his complement?

Palmer: When we came from New York, he had be-
tween 150 and 160 men.

Mr. Coniers: Give an account what you did after this:
■whither did you go then ?

Palmer: We went from New York to Maderas, and
from thence to Bonavist, and there we took in salt; and

CAPTAIN KIDD, THE PIRATE. 195

from thence we went to St. Jago, and there we bought
provisions; and from thence we went to Madagascar.
When we were not far from the Cape of Good Hope, he
met with captain Warren, with three sail of men of war
besides himself; there was the Tiger, and the King-fisher,
and another ship; and captain Kidd kept them company
about three or four days, and after that went to Mada-
gascar, and some time in February arrived there; and
there we watered and victualled. We came to Malabar
about the first of June. Then we went to Joanna, and
from thence to Mahala; and from thence to Joanna
again: and then we met with some Indian merchants;
so we watered the ship there, and did them no harm:
and from thence we went to Mahala, where captain Kidd
graved' his ship. We had a great sickness in the ship,
and sometimes we lost four or five men in a day. And
afterwards we went to Joanna again, and there came
aboard several Frenchmen and several Englishmen that
had lost their ship. Those Frenchmen lent captain
Kidd some money to mend his ship. And after this,
we came to a place called Mabbee, in the Red-sea, and
took in water, and Guinea corn, that he took from the
natives; and from thence we went to Bab's Key.

Mr. Coniers : What time was it that you came to that
BaVs-Key?

Palmer: In July, 1697.

Mr. Coniers: Now, pray tell us what passed there?

Palmer: When captain Kidd came to Bab's Key, he
staid there about three weeks.

Mr. Coniers : Why did you stay there ? Tell us the
reason of it.

1 To grave a ship is to scrape and clean it.

196 CAPTAIN KIDD, THE PIRATE.

Palmer: I heard him say, 'Come, boys, I will make
money enough out of that fleet.'

Mr. Coniers: Out of what fleet?

Palmer: The Mocca fleet. When we came to the
Key, he ordered some of his men to look out as spies.
He sent his boat three times to make a discovery, and
he gave them orders, either to take a prisoner, or to get
an account what ships lay there. And the boat went
twice, and brought no news; but the third time they
brought word, that there were 14 or 15 ships lying there
ready to sail; some of them had English colours, some
Dutch colours, and some Moorish colours; and there
was a great ship with red colours, with her fore-top-sail
loose, ready to sail. And captain Kidd ordered his men
to take care these ships did not pass by in the night.

Mr. Coniers: You say, he ordered his men to watch
this fleet: how did he order them?

Palmer: He ordered them by a list in their turns, to
look out for the coming of this fleet: and so after four
or five days the fleet came down in an evening, about
the 14th or loth of August: the next morning captain
Kidd went after them, and he fell into the midst of the
fleet, and there was a Dutch convoy, and an English
one among them. He went into the midst of the fleet,
and fired a gun after a Moorish ship, and the two men
of war fired at us, but did no harm, for they did not
reach us. So we left the fleet, and from thence went to
Carawar.

Mr. Coniers: Tell what passed there.

Palmer: Then we met with a small vessel belonging
to Aden.

Mr. Coniers: What country did it belong to?

CAPTAIN KIDD, THE PIRATE. 19Y

Palmer: Black people, only there was one Thomas
Parker, and a Portuguese, Don Antonio, on board.

Mr. Corners: Was he the commander of the ship? —
Palmer: I cannot tell.

Mr. Coniers: What did captain Kidd do with this
ship?

Palmer: He took this Parker for a pilot, and the Port-
uguese for linguister.

Mr. Coniers: What do you mean by that word lin-
guister?

Palmer: An interpreter, to speak Spanish and Portu-
guese.

Mr. Coniers: Did he take any thing out of the ship
besides the men?

Palmer: He took a bale of pepper, and a bale of coffee,
and let the ship go. But after this we went to Carawar.

Mr. Coniers: Before you let the ship go, how were
the men used by him?

Palmer: He ordered some of the men to be hoisted
up by their arms, and drubbed with a naked cutlass:
they were laid with their hands backward.

Mr. Coniers: When they were hoisted up, give an
account how they were used, and for what reason.

Palmer: They were beat with a naked cutlass, to make
them discover what money was aboard.

Mr. Coniers: What was the next thing?

Palmer: He took out this Parker for a pilot, and An-
tonio, the Portuguese, for a linguister. I heard there
was money taken, but I did not see it.

Mr. Coniers: What did he do with those men?

Palmer: He kept them as the other men were kept.

198 CAPTAIN KIDD, THE PIRATE.

Mr. Coniers; Was there any demand made of these
men?

Palmer: When we came to Carawar, the factory de-
manded them, and he denied them.

Mr. Coniers: What factory is this?

Palmer: An English factory. There were one Har-
vey and Mason came to demand these men.

Mr. Coniers: And what said captain Kidd to them?

Palmer: He denied that he had any such men; and
he kept them in the hold, I believe, a week. Several of
his men would have left him if they could.

Mr. Coniers: What did he do after this?

Palmer: He put to sea, and met with a Portuguese
man of war, and fought her: he engaged her five or six
hours, and afterwards he left her, and then he bought
some hogs of the natives. After he went from this
Carawar, he went to Porto, and took in some hogs there.
And then went to the island of Malabar, and watered
his ship; and his cooper went ashore, and the natives
cut his throat. And after this captain Kidd sent some
men ashore, and ordered them, that if they should meet
any of the natives, they should kill them, and plunder
them.

Mr. Coniers: Go on. Sir.

Palmer: After that they went to the coast of Malabar
again, and in November met with a ship, and took her:
one skipper Mitchel was the commander; she was a
Moorish ship.

Mr. Coniers: What became of her?

Palmer: Captain Kidd carried her to Madagascar.
Mr. Coniers: What goods were in her?

CAPTAIN KIDD, THE PIRATE. 199

Palmer: There were two horses, and ten bales of cot-
ton, that he sold to the natives.

Mr. Couiers: Did he send for any aboard at this time?

Palmer: There was a Frenchman that was to pretend
himself the captain. He took her under French colours,
and hailed her in French; and this monsieur le Roy was
to pass for captain, and he shewed his French pass, and —

Mr. Coniers: Give an account of his personating the
captain. Who ordered him so to do?

Palmer: Captain Kidd ordered him so to do; and they
hailed him in French, and he came aboard, and he had
a French pass. And then captain Kidd told him, he
was captain.

Mr. Coniers: And he took the ship?

Palmer: Yes, the cotton and horses, and sold them
afterwards.

Mr. Coniers: Whither went you next?

Palmer: We coasted about the coast of Malabar.

Mr. Coniers: Did you meet with any boats there? —
Palmer: Yes, several.

Mr. Coniers: What did you do with them?

Palmer: Captain Kidd robbed and plundered them,
and turned them adrift again.

Mr. Coniers: What was the next thing you did?

Palmer: About the 1st of January we met with a
Portuguese ship.

Mr. Coniers: Where?

Palmer: On the same coast we took her.

Mr. Coniers: What did you do with that ship?

Palmer: He kept her a week, and took out two chests
of Indian goods, and 30 jars of butter, and a tun of wax,
and half a tun of iron, and 100 bags of rice.

200 CAPTAIN KIDD, THE PIRATE.

Mr. Coniers: Did you take those goods you men-
tioned ?

Palmer: Yes, and carried tliem aboard to the Adven-
ture-galley.

Mr. Coniers: What was the next ship you met with?

Palmer: The Quedagh Merchant.

L. C. B. Ward: Be very plain and particular in this,
and how she was taken; for this is the ship in the in-
dictment, and for taking which the prisoners are tried.

Palmer: About the last of January she was taken: I
was not then aboard the galley, for then I was aboard
the November,^ and was ordered to get water. After
three or four days I went aboard; but I was not aboard
at the time she was taken. About three or four days
after, I saw her, and capt. Kidd was aboard; and I be-
lieve there were taken out of her goods to the value
of 10 or 12,000?. which were sold, some before they were
put ashore, and some after.

Mr. Coniers: To whom were they sold?

Palmer: To the Banians. Captain Kidd kept the sea-
men to help to sail the ships.

L. C. B. Ward: What became of the money the goods
were sold for?

Palmer: It was shared.

L. C. B. Ward: What share had the captain? — Pal-
mer: He had forty shares.

CI. of Arr.: What share had W. Kidd?

Palmer: He had forty shares.

CI. of Arr. : In goods, or money ?

Palmer: In both goods and money.

1 The Moorish ship captured in November.

CAPTAIN KIDD, THE PIRATE. 201

CI. of An-.: Look upon Nicholas Churcliill; what had
he?

Palmer: He had near 2001. of each, which was a man's
share.

CI. ofArr,: Look upon James Howe; had he any
share?

Palmer: Yes, a whole share.

CI. of Arr.: Had Robert Lamley any share?

Palmer: He had half a share of the money, and a
whole share of the goods.

CI. of Arr. : William Jenkins, had he any share ?

Palmer: He had half a share of the money, and a
whole share of the goods.

CI. of Arr.: Had Gabriel Loffe any share?

Palmer: He had half a share of the money and a
whole share of the goods.

Mr. Coniers: Why had they no more?

Palmer: They were land-men.

CI. of Arr. : Hugh Parrot, had he any ?

Palmer: He had a whole share.

CI. of Arr.: Had Richard Barlicorn any share?

Palmer: He had half a share.

CI. of Arr.: Had Abel Owens any?

Palmer: He had a whole share.

CI. of Arr.: Had Darby Mullins any share?

Palmer: He had a whole share.

Mr. Coniers: What became of the rest of the goods?

Palmer: They were carried to Madagascar.

Mr. Coniers: Who ordered the goods to be hoisted
out and shared? Who ordered that?

Palmer: At the beginning I was not there.

Mr. Coniers: Who ordered it?

202 CAPTAIN KIDD, THE PIRATE.

Palmer: Capt. Kidd: And most of the goods were
ashore before I came back; and before I came back, he
had his share, and most of the rest.

Mr. Coniers: How many of the prisoners at the bar
had their share of the goods?

Palmer: All these men.

CI. of Arr. : Whose shares were divided to them before
you went away?

Palmer: None; but only they were prepared in order
to be divided.

L. C. B. Ward: Did you hear any of them say, they
had any shares.

Palmer: Yes, Hugh Parrot, and Gabriel Loffe.

CI. of Arr. : What say you to William Kidd? Did he
own he had any share? — Palmer: No.

CI. of Arr.: Did you hear Nicholas Churchill say he
had any?

Palmer: No, I did not; I cannot say I heard them
say so.

CI. of Arr. : Did you hear Gabriel Loffe and Hugh Par-
rot say they had any shares?

Palmer: Yes, I heard them say so.

Mr. Coniers: Whither did you proceed next?

Palmer: We left captain Kidd there; I went no fur-
ther with him.

Mr. Coniers: I ask you, Whether you met with any
ships besides what you mentioned?

Palmer: When we came to Madagascar, in the latter
end of April, or beginning of May 1696, there was a
ship called The Resolution, which was formerly called
The Mocca frigate; several of the men came off to
vcapt. Kidd, and told him, they heard he came to take

CAPTAIN KIDD, THE PIRATE. 203

and hang tliem. He said, that it was no such thing,
and that he would do them all the good he could. And
captain Culliford came aboard of captain Kidd, and cap-
tain Kidd went aboard of Culliford.

Mr. Coniers: Who was that Culliford?

Palmer: The captain of the ship. And on the quarter-
deck they made some Bomboo, and drank together; and
captain Kidd said, Before I would do you any harm, I
would have my soul fry in hell-fire; and wished damna-
tion to himself several times, if he did. And he took
the cup and wished that might be his last, if he did not
do them all the good he could.

Just. Powel: Did you take these men to be pirates?

Palmer: They were reckoned so.

Dr. Newton: Did captain Kidd make Culliford any
presents ?

Palmer: Yes, he had four guns of him.

Dr. Newton: Of whom?

Palmer: Of captain Kidd; he presented him witli
them.

Just. Powel: Was there not a present on the other
side?

Palmer: I believe there was, I have heard so ? I heard
Culliford say, I have presented captain Kidd to the value
of four or five hundred pounds.

Mr. Cowper: Were these kindnesses done to Culliford,
after Culliford's men said, they heard captain Kidd came
to hang them?

Palmer: Yes.

Mr. Cowper: What did captain Kidd do after that?

Palmer: He went aboard the Quedagh merchant.

Mr. Cowper: What did he do with his own ship?

204 CAPTAIN KIDD, THE PIRATE.

Palmer: She was leaky, and he left her.

Mr, Cowper: Did he carry, or attempt to carry, any
of the ships he took, in order to condemn them, besides
that French banker.

Palmer: He never did, nor talked of any such thing.

L. C. B. Ward: Mr. Kidd, Will you ask this witness
any questions?

Kidd: I ask him. Whether I had no French passes?

Palmer: Indeed, captain Kidd, I cannot tell. I did
hear him say, that he had French passes, but I never
saw them.

L. C. B. Ward: Those goods that were taken out ot
the Quedagh merchant, whose goods were they supposed
to be?

Palmer: The Armenian merchants. I have heard cap-
tain Kidd say several times, he had French passes.

Kidd: And did you hear no body else say so? — Pal-
mer: No.

CI. of Arr.: Churchill, Will you ask any questions?

Churchill: My lord, I have no questions to ask him.

CI. of Arr. : James Howe, Will you ask him any ques-
tions?— Howe: No.

CI. of Arr. : Robert Lamley will you ask him any ques-
tions?

Lamley: No.

CI. of Arr. : William Jenkins, will you ask him any
questions ?

Jenkins: Had I half a share?

Palmer: You received half a share of money, and a
whole share of goods.

Jenkins: You know that I was a servant, and had
nothing in this voyage but what my master had.

CAPTAIN KIDD, THE PIRATE. 205

CI. of Arr. : Gabriel Loffe, Will you ask him any ques-
tions?—Loffe: No.

CI. of Arr. : Hugh Parrot, will you ask him any ques-
tions?— Parrot: No.

CI. of Arr. : Richard Barlicorn, will you ask him any
thing? — Barlicorn: No.

CI. of Arr.: Abel Owens, Will you ask him any
thing? — Owens: No.

CI. of Arr, : Darby Mullins, will you ask him any
thing?— Mullins: No.

Kidd: It is in vain to ask any questions.

L. C. B. Ward: Then you may make your own de-
fence. Come, Mr. Kidd, what have you to say in your
own defence?

Kidd: I had a commission to take the French, and
pirates; and in order to that, I came up with two ships,
that had French passes both of them. I called you all
a-deck to consult: and did not a great many of the men
go aboard? Did not you go? You know, Mr. Palmer,
I would have given these ships to them again, but you
would not; you all voted against it.

Palmer: This man (pointing to the Armenian that
was in court) offered you 20,000 rupees for the ship, and
you refused it.

Kidd : Did not I ask, where will you carry this ship ?
And you said, we will make a prize of her; we will carry
her to Madagascar.

Palmer: Says captain Kidd to his men, These Armen-
ians make such a noise for the ship, that I must say,
my men will not part with her; but there was not a
quarter part of the men concerned in it. The Armen-
ians came crying and wringing their hands: upon which,

206 CAPTAIN KIDD, THE PIRATE.

says captain Kidd, I must say, my men will not give
tliem the ship. And so some of the men went on the
fore-castle, and pretended, they would not give them
the ship ; but there was not a quarter part of the men
concerned in it.

L. C. B. Ward: Did those goods belong to Frenchmen,
or Armenians?

Palmer: To Armenians.

L. C. B. Ward: What was that pretence of a French
pass that was on board The Quedagh Merchant? — Pal-
mer: I saw none.

Kidd: But you have heard of it.

Palmer: I have heard of it, but never saw it.

L. C. B. Ward: Mr. Kidd, have you any more to say?
You speak of a commission that you had; you may have
it read, if you please.

Kidd: I desire to have them both read.

L. C. B. Ward; Yes, they shall.

Then his Commission of Reprisals upon the French

was read:

' William the Third, by the grace of God, of England, Scot-
land, France, and Ireland, king, defender of the faith, &c.
Whereas we have taken into our consideration the injuries,
spoils, and acts of hostility committed by the French king and
his subjects, unto and upon the ships, goods, and persons of
our subjects extending to their grievous damages, and amount-
ing to great sums: and that notwithstanding the many and
frequent demands made for redress and reparation, yet none
could ever be obtained: we did therefore, with the advice of
our privy council, think fit, and ordered, that general reprisals
be granted against the ships, goods, and subjects of the French
king; so that as well our fleets and ships, as also all other
ships and vessels, that shall be commissioned by letters of
marque, or general reprisals, or otherwise, shall or may law-
fully seize, and take all ships, vessels, and goods belonging to
the French king, or his subjects, or inhabitants within any of

CAPTAIN KTDD, THE PIRATE. 207

the territories of the French king: and such other ships, ves-
sels and goods, as are, or shall be liable to confiscation, and
bring the same to judgment in om- high court of Admiralty of
England, or such other court of admiralty as shall be lawfully
authorised in that behalf, according to the usual course and
laws of nations. And whereas William Kidd is thought fitly
qualified, and hath equipped, furnished, and victualled a ship
called The Adventure-Galley, of the burden of about 287 tuns,
whereof the said William Kidd is commander: and whereas
he the said Wm. Kidd hath given security with siu-eties by bond
to us, in our said high court of admiralty, according to the
effect and form set down in certain instructions made the 2nd
day of May, 1693, and in the 5th year of our reign, a copy
whereof is given to the said captain W^illiam Kidd: Know ye
therefore that we, by these presents, grant commission to, and
do license and authorise the said Wm. Kidd to set forth in
warlike manner the said ship called The Adventure Galley,
under his own command, and therewith by force of arms to
apprehend, seize, and take the ships, vessels, and goods belong-
ing to the French king and his subjects, or inhabitants within
the dominions of the said French king, and such other ships,
vessels, and goods, as are, or shall be liable to confiscation, and
to bring the same to such port as shall be most convenient, in
order to have them legally adjudged in our high court of ad-
miralty, or such other court of admiralty as shall be lawfully
authorized in that behalf; which being condemned, it shall
and may be lawful for the said William Kidd, to sell and dis-
pose of such ships, vessels, and goods, so adjudged and con-
demned, in such sort and manner as by the courts of admiralty
hath been accustomed (except in such cases where it is other-
wise dii-ected by the said instructions and the act of parlia-
ment therevmto annexed). Provided always, that the said
William Kidd keep an exact journal of his proceedings, and
therein particularly take notice of all prizes which shall be
taken by him, the nature of such prizes, the times and places
of their being taken, and the values of them, as near as he can
judge; as also of the station, motion and strength of the
enemy, as well as he or his mariners can discover by the best
intelligence he can get; and also whatsoever else shall come
unto him, or any of his officers, or mariners, or be discovered
or declared unto him or them, or found out by examination,
or conference with any mariners or passengers of, or in any

208 CAPTAIN KIDD, THE PIRATE.

of the ships or vessels taken, or by any other pei'son, or per-
sons, or by any other ways or means whatsoever, touching or
concerning the designs of the enemy, or any of their fleets,
vessels, or parties, and of their stations, ports, and places, and
of their intents therein; and of what merchant ships or ves-
sels of the enemy's bound out, or home, or to any other place,
as he, or his ofl&cers, or mariners shall hear of, and what else
material in those cases may arrive to his or their knowledge;
of all which he shall from time to time, as he shall, or may
have opportunity, transmit an account te our commissioners
for executing the office of lord high-admiral of England, or
their secretaries, and to keep a correspondence with them by
all opportunities that shall present. And further provided.
That nothing be done by the said William Kidd, or any of his
officers, mariners, or company, contrary to the true meaning
of our aforesaid instructions: but that the said instructions
shall be by them, and each and every of them, as far as they,
or any of them are therein concerned, in all particulars well
and duly performed and observed. And we pray and desire
all kings, princes, potentates, estates, and republics, being our
friends and allies, and all others to whom it shall appertain,
to give the said William Kidd all aid, assistance and succour
in their ports with his said ship, company and prizes, without
doing, or suffering to be done, to him any wrong, trouble, or
hindrance; we offering to do the like, when we shall be by
them thereunto desired. And we will and require all our own
officers whatsoever, to give him succour and assistance as oc-
casion shall require. This our commission to continue in force
till farther ordered to the contrary from us, or our commis-
sioners for executing the office of lord high-admiral of England.
In witness whereof we have caused the great seal of our high
court of admiralty of England to be hereunto affixed. Given
at London the 11th day of December, in the year of our Lord,
1695, and in the 7th year of our reign.

Orlando Gee, Reg.' i

Just. Powel: Capt. Kidd, can you make it appear there
was a French pass aboard the Quedagh Merchant?

1 Registrar: The Admiralty Registrars perform functions cor-
responding to those discharged by the Masters of the Queen's
Bench Division.

CAPTAIN KIDD, THE PIRATE. 209

Kidd: My lord, these men say, tliey heard several
say so.

Mr. Coniers: But all came from you.

L. C. B. Ward : If there was a French pass in the ship,
you ought to have condemned her as prize.

Then his other Commission was read for Cruising
against the pirates.

William, R.

'William IIL By the grace of God, king of England, Scot-
land, France, and Ireland, defender of the faith, &c. To our
trusty and well-beloved captain William Kidd, commander of
the ship Adventure-Galley, or to any other the commander for
the time being, greeting. Whereas we are informed, That caj)-
tain Thomas Too, John Ireland, captain Thomas Wake, and cap-
tain William Maze, or Mace, and other our subjects, natives or
inhabitants of New-England, New- York, and elsewhere, in our
plantations in America, have associated themselves with di-
vers others wicked and ill-disposed persons, and do. against the
law of nations, daily commit many and great piracies, robber-
ies, and depredations upon the seas in the parts of America,
and in other pai'ts, to the great hindrance and discouragement
of trade and navigation, and to the danger and hurt of our
loving subjects, our allies, and all others navigating the seas
upon their lawful occasions : Now know ye, That we being de-
sirous to prevent the aforesaid mischiefs, and, as far as in us
lies, to bring the said pirates, free-booters, and sea-rovers to
justice, have thought fit, and do hereby give and grant unto
you the said captain William Kidd (to whom our commission-
ers for exercising the office of our lord high-admiral of Eng-
land, have granted a commission as a private man of war,
bearing date the 11th day of December, 1695,) and unto the
commander of the said ship for the time being, and unto the
officers, mariners, and others, who shall be under your com-
mand, full power and authority to apprehend, seize, and take
into your custody, as well the said captain Thomas Too, John
Ireland, captain Thomas Wake, and captain William Maze, or
Mace, as all such pirates, free-booters, and sea-rovers, being
either our own subjects, or of any other nations associated with
14

210 CAPTAIN KIDD, THE PIRATE.

them, which you shall meet upon the coasts or seas of Amer-
ica, or in any other seas or ports, with their ships and vessels,
and also such merchandizes, money, goods, and wares, as shall
be found on board, or with them, in case they shall willingly
yield themselves: but if they will not submit without fighting,
then you are by force to compel them to yield. And we do
also require you to bring, or cause to be brought such pirates,
free-booters, and sea-rovers, as you shall seize, to a legal trial;
to the end they may be proceeded against according to law in
such cases. And we do hereby charge and command all our
oflScers, ministers, and otlier our loving subjects w^hatsoever, to
be aiding and assisting to you in the premises. And we do
hereby enjoin you to keep an exact journal of your proceeding
in the execution of the premises, and therein to set down the
names of such pirates, and of their officers and company, and
the names of such ships and vessels as you shall by virtue of
these presents seize and take, and the quantities of arms, ammu-
nition, provision, and loading of such ships, and the true value
of the same, as near as you can judge. And we do hereby
strictly charge and command you, as you shall answer the
same at your utmost peril, that you do not in any manner
offend, or molest any of our friends or allies, their ships, or sub-
jects, by colour or pretence of these presents, or the authority
thereby granted. In witness whereof, we have caused our
great seal of England to be affixed to these presents. Given
at our court at Kensington, the 26th day of January, 1695, in
the 7th year of our reign.'

L. C. B. Ward: Now you have had the commissions
read, what do you excuse your-self by? What use do
you make of them to justify or defend yourself?

Kidd: About this Quedagh Merchant.

L. C. B. Ward: What would you have her a French
ship?

Kidd: Under a French commission. The master was
a tavern keeper at Surat: do not you know that, Mr.
Palmer?

Palmer: I was not on board when this pass came; I
never saw it.

CAPTAIN KIDD, THE PIRATE. 211

L. C. B. Ward: But then you should have condemned
this ship, if she had been a French ship, or had a French

pass.

Kidd : The evidence says, It was by my order that the
goods were taken out; I was not at the sharing of the
goods, I knew nothing of it.

L. C. B. Ward: Out of the goods that were taken,
some were sold in the country there, and the produce
of them was so much money; it is proved that that
money was divided; and pursuant to the articles set up,
you were to have forty shares, and the rest of the men
whole, or half shares, as they deserved. Now this money,
both these men swear it was taken by you : and the first
swears, that the goods not sold then, that remained in
the ship, were also divided, and that you had forty
shares of them: and the other says, he did not see the
goods divided, but two of the men acknowledged it.

Kidd: My lord, this Frenchman was aboard five or
six days before I understood there was any Englishmen
aboard. Well, said I, what are you? An Englishman,
I am, master. What have you to shew for it? Noth-
ing, says he. When they see a French pass, they will
not let the ship go.

Just. Powel: You have produced letters patent that
impowered you to take pirates: why did you not take
Culliford?

Kidd: A great many of the men were gone ashore.

Just. Powel: But you presented him with great guns,
and swore you would not meddle with them.

L. C. B. Ward : When the question was put, Are j'ou
come to take us and hang us ? you answered, I will fry
in hell before I will do you any harm.

212 CAPTAIN KIDD, THE PIRATE.

Kidd: That is only wliat tliese witnesses say.

L. C. B. Ward: Did you not go aboard Culliford?

Kidd: I was not aboard Culliford.

L. C. B. Ward: These things press very hard upon
you. We ought to let you know what is observed, that
you may make your defence as well as you can.

Kidd: I desire Mr. Davis may be called. (He was
called accordingly, and appeared.) Mr. Davis, pray give
an account whether you did not see a French pass?

L. C. B. Ward: You are his witness; you must answer
what he asks you.

Davis: I came a passenger from Madagascar, and from
thence to Amboyna, and there he sent his boat ashore,
and this man was ashore; and there was one said, cap-
tain Kidd was published a pirate in England; and he
gave those passes to him to read. The captain said, they
were French.

L. C. B. Ward: Who gave them?

Davis: Captain Kidd gave them.

L. C. C. Ward: Did you know any thing of taking
the Quedagh Merchant?

Davis: No, no.

L. C. B. Ward: Then you cannot say, they have any
relation to the Quedagh Merchant? — Davis: No, not I.

Kidd: You heard capt. Elms say, They were French
passes.

Davis: Yes, I heard capt. Elms say. They were French
passes. Says he. If you will, I can turn them into Latin.

Baron Hatsell: Have you any more to say, capt. Kidd?

Kidd: I have some papers, but my lord Bellamont
keeps them from me, that I cannot bring them before
the court.

CAPTAIN KIDD, THE PIRATE. 213

CI. of Arr.: Have you any more to say?

Kidd: I have some to call, that will bear testimony to
my reputation.

L. C. B. Ward: Call whom you please, we will not
abridge you.

Kidd: Call Mr. Bradinham. I desire this of him,
whether he never saw the French passes, and whether
he did not tell col. Bass so?

Bradinham: I never saw a French pass; I only heard so.

Col. Bass : I have heard Mr. Bradinham say, he heard
capt. Kidd say, he had French passes on board; but I
never heard him say, he saw them passes.

Kidd: He just now denied that he ever saw the French
passes, or heard of them.

L. C. B. Ward: He says so now, that he never saw
them, only he heard you say so. Col. Bass, have you
heard him say the passes related to the Quedagh Mer-
chant?

Bass: He has often said, he heard Kidd say the French
passes were aboard.

CI. of Arr. : Have you any more witnesses to call ?

Kidd: I desire Mr. Say may be called: he is in the
prison, I desire he may be sent for.

L. C. B. Ward : We will give you all the liberty you can
expect. If you have any more, you were best call them
all together. In the mean time, what say you, Church-
ill?

Churchill: I desire col. Bass may be called, and that
this affidavit may be read.

L. C. B. Ward: Col. Bass, what have you to say for
N. Churchill?

Bass: My lord, I only wait for his question.

214: CAPTAIN KIDD, THE PIRATE.

L. C. B. Ward: Churcliill, what will you ask col.
Bass?

Churchill: Whether I did not surrender myself to
him?

L. C. B. Ward: If you can make your case come
within the proclamation, you must make it appear, that
you surrendered according to the directions of it.

Churchill: My lord, we came in in the year 1699, and
surrendered ourselves to col. Bass.

L, C. B. Ward: If you can make it appear that you
surrendered yourselves in pursuance of that, to the per-
sons appointed to receive your surrender, that will be
somewhat to the point; but col. Bass had not power by
that proclamation to receive your surrender; and there-
fore you cannot have any benefit by it, unless you bring
your case within it. But you may call col. Bass, if you
will.

Churchill: My lord, we came in upon that proclama-
tion, and might have gone away any day if we would;
but we staid in the country, and we never offered to go
away till it was my lord Bellamont's pleasure to send
for us.

L. C. B. Ward: You may call col. Bass, and hear what
he says.

Churchill: Col. Bass, will you be pleased to tell my
lord, whether we did not surrender ourselves to you in
pursuance of the king's proclamation?

Bass: My lord, about the 29th of May, 1699, 1 had an
account of some persons, that were supposed pirates, that
were come to surrender themselves; and on my landing,
these two persons came to me, and surrendered to me

CAPTAIN KIDD, THE PIRATE. 215

the 4tli of June, 1699. And I told them, I must refer
their case to his majesty at home.

L. C. B. Ward: Who were they that surrendered to
you?

Bass: Nicholas Churchill and James Howe.

L. C. B. Ward: Where were you governor?

Bass: At the province of West Jersey.

Dr. Oxenden: How came they here.

Bass: I left them under bail.

L. C. B. Ward: Did you send them over?

Bass: No, my lord, I came to England before: I left
them in custody. They were sent over prisoners by my
successor.

L. C. B. Ward: What did they say to you when they
surrendered to you ?

Bass: They said they had been in the Indies, and that
they had committed several piracies, and desired they
might have the benefit of his majesty's proclamation.

L. C. B. Ward: What pirates did they mention to
you?

Bass: They mentioned the Mocca frigate, and capt.
Kidd.

Dr. Oxenden: Had you the proclamation?

Bass: No; but I had seen one of them.

L. C. B. Ward: Did you take yourself allowed to re-
ceive their surrender?

Bass: No, my lord, I did not.

CI. of Arr.: Nicholas Churchill, have you quite done?

Churchill and Howe: Yes, Sir, we came in upon his
majesty's proclamation.

CLof Arr.: Robert Lamley, what have you to say?

Lamley : My lord, I was but a servant.

216 CAPTAIN KIDD, THE PIRATE.

L. C. B. Ward: Who was you a servant to?

Laraley: To Mr. Owens.

L. C. B. Ward: How does that appear? — Lamley;
The surgeon knows it.

Bradinham : My lord, he was concerned with the cook.

Lamley : My lord, here is my indenture. (Which was
read.)

CI. of Arr. : William Jenkins, what have you to say ?

Jenkins: I have nothing to say, but I was servant to
Mr. Bullen.

L. C. B. Ward: Where is your witness to prove it?

Jenkins: Both the king's witnesses know it.

Bradinham and Palmer: My lord, he was his servant.

CI. of Arr. : Gabriel Loffe, what say you for yourself?

Loffe: My lord, about the year 1696, I entered my-
self on board capt. Kidd, and went out with him, and I
never disobeyed his command in any thing.

L. C. B. Ward: Did he go out under the first com-
mission ?

Palmer: He came aboard at New York.

L. C. B. Ward: Did you take him in before or after
the articles were set up?

Palmer: After the articles were set up.

L. C. B. Ward: Did capt. Kidd take any notice of his
commission in the articles?

Palmer: Yes, my lord, He did mention them. I have
a copy of the articles.

Mr. Crawley: Mr. Palmer, are these articles the copy
of the articles set up by capt. Kidd at New York? —
Palmer: Yes.

Just. Gould: Did you examine them?

CAPTAIN KIDD, THE PIRATE. 2lT

Palmer: To tlie best of my knowledge they were a
true copy.

Just. Turton: Did you compare them with the orig-
inal?— Palmer: No, my lord.

CI. of Arr.: Gabriel Loffe, Have you any more to
say?

Loffe: Yes, a great deal more to ask the evidence.

CI. of Arr.: What will you ask them?

Loffe: Whether I did not obey the captain?

Just. Turton: There is no scruple to be made of that.

Loffe: I went out to serve his majesty under his com-
mission.

L. C. B. Ward: But how came you to take part of the
money ?

Loffe : I had what they pleased to give me.

L. C. B. Ward: You must needs imagine, that when
capt. Kidd did these extravagant things, and divided the
money and goods, that he did not act according to his
commission. What could you think of it?

CI. of Arr.: Hugh Parrot, what have you to say for
yourself?

Parrot: My lord, in the year 169.5, in the month of
October, I sailed out of Plymouth in a merchant-man,
bound for Cork in Ireland, there to take in provisions;
thence to the island of Barbadoes; and in sight of the
island of Barbadoes, I was taken by a French privateer,
and carried to Martinico; and thence coming in a trans-
port ship, I was brought to Barbadoes; there I shipped
myself in a vessel bound to Newfoundland, and thence
to Maderas: And then I went to Madagascar, and there
I staid some short time after, and came in company with
capt. Kidd; and then the commander and I had a fall-

218 CAPTAIN KroD, THE PIRATE.

ing out, and so I went ashore at tliat island: And un-
derstanding tliat captain Kidd had a commission from
the king, I came aboard capt. Kidd's ship, and ever since
have been with him.

L. C. B. Ward: Did you come in after he had been at
New York?

Parrot: This was in the year 1697.

L. C. B. Ward: You have acted with him and shared
with him. Could you imagine he was acting according
to his commission, when he was doing these things?

Parrot: I thought I was safe where the king's com-
mission was.

L. C. B. Ward: The commission was to take pirates,
and not to turn pirates.

Parrot: Mr. Palmer, did you ever see me guilty of an
ill thing ? Did I ever disobey my captain.

Palmer: You were always obedient to your com-
mander.

Parrot: Then I came to Madagascar with captain
Kidd, where I might have gone aboard a known pirate,
but I refused it, and kept close to my captain: And
when I came to New England, I might have gone away
as others did; but I had my liberty at Boston for about
a week, and went up and down, and I surrendered my-
self.

L. C. B. Ward: You did not surrender yourself, but
only you had a liberty to go away, and did not.

Parrot: I thought there was no need of it. My lord,
I desire you would ask the witnesses, whether I ever dis-
obeyed the captain's commands?

L. C. B. Ward : They say no otherwise, but that you
went willingly.

CAPTAIN KIDD, THE PIRATE. 219

CI. of AiT.: Richard Barlicorn, what have you to say?

Barlicorn: My lord, I beg leave that I may produce
some evidence for my reputation. Here is a certificate
from the parish vs^here I was horn.

L. C. B. Ward: That will signify nothing; we cannot
read certificates; they must speak viva voce.

Barlicorn: Call Benjamin Bond, Daniel Phillips, and
James Newton.

L. C. B. Ward: What do you call these witnesses for?

Barlicorn: To give an account of my reputation, what
they know of me.

Bond: I knew him when he was a child, and he was
very civil and honest; I lived near him till he was 13 or
14 years old; and he came of honest parents, and be-
haved himself very civilly all that time.

L. C. B. Ward: Have you known anything of him
since? — Bond: No, my lord.

L. C. B. Ward: What have you to say further?

Barlicorn: My lord, I was a servant to captain Kidd,
and have been with him six years; and I have a certifi-
cate from several of my relations that will testify it.

CI. of Arr. : Have you any thing more to say?

Barlicorn : I am a servant to capt. Kidd.

L. C. B. Ward: How long have you been so? Where
was it that you came first to be his servant? — Barli-
corn: At Carolina.

CI. of Arr. : And Owens, what say you for yourself ?

Owens: My lord, I desire the privilege of the Proc-
lamation. I entered myself into the king's service. I
have been in the King's service, according to his maj-
esty's proclamation. I desire it may be read. (Which
was done.)

220 CAPTAIN KIDD, THE PIRATE.

L. C. B. Ward: You desire tlie benefit of this proc-
lamation; but you must bring yourself under the qual-
ifications it requires, if you would have any benefit
of it.

Mr. Crawley: He has a certificate of it.

L. C. B. Ward: Is it within the Proclamation?

Mr. Crawley: The certificate is dated the 15th of
March, 1700, from Mr. Riches, a justice of the peace in
Southwark.

L. C. B. Ward: Mr. Riches, I suppose, did believe he
was within this Proclamation.

Just. Gould: The pardon extends to all persons for
piracies committed before that time, if they surrender
themselves to such and such, and enter themselves on
board one of his majesty's ships.

Mr. Coniers: A justice of the peace is not within the
Proclamation.

CI. of Arr. : Have you any more to say ?

Owens: Only to desire the benefit of the proclama-
tion.

L. C. B. Ward: He surrendered himself to justice
Riches, and then entered himself aboard one of his maj-
esty's ships: and then there was evidence against him
Avhen on board, and he was seized, this may be fit to
recommend him to the king's mercy, but it is not a de-
fence against the accusation.

CI. of Arr.: Darby Mullins, What do you say for
yourself ?

Mullins: I came in upon the king's act of grace; I
came ashore with the rest of the people.

L. C. B. Ward: What have you to shew, to entitle
you to the benefit of the Proclamation ?

CAPTAIN KIDD, THE PIRATE. 221

Mullins: I was ready to die of the bloody-flux, and
not able to go myself, but I sent my name into the gov-
ernor.

L. C. B. Ward : Where was you when you was so sick ?

Mullins: In West-Jersey. I came ashore in Cape
May. I was sick like to die all the way from Madagas-
car, expecting every minute to die with the bloody-flux.

Dr. Oxenden: How came you to leave capt. Kidd?

Mullins : He used me very hardly and therefore I left
him.

L. C. B. Ward: You had a dividend of the money and
goods.

Mullins: He gave it to me, and afterwards took it
from me.

L. C. B. Ward: Was he your master?

Mullins: I had no master.

Dr. Oxenden: How did you come to Jersey?

Mullins: I came there with capt. Shelley; he is in
court.

Dr. Oxenden: You were aboard captain Culliford.

Mullins : I came home, in hopes to get the king's par-
don.

L. C. B. Ward: That which you say is very odd;
though you quitted capt. Kidd's ship, you went into
Culliford's.

L. C. B. Ward: Capt. Kidd, you said you had more to
say just now: if you have let us hear it.

Kidd: I desire this man may be heard two or three
words.

L. C. B. Ward: What is his name? — Kidd: Mr. Say.

Say: I happened to be at the Treasury-ofSce in Broad-
street to receive some money, and Mr. White was there;

222 CAPTAIN KIDD, THE PIRATE.

and he asked me, Will you go along with me, and see
one Elbury, that is in the Marshalsea for debt? Says I,
I am a stranger to him, I do not care to go. Says he,
Bear me company. So I went with him; and when I
came there I saw capt. Kidd's men. And this Mr. El-
hury was in company with capt. Kidd's surgeon. Says
I, I am a brother of the quill, I should be glad to drink
a glass with you. We stayed there but a little while,
and asked what that man was? Says he. He is capt.
Kidd's surgeon. Upon this I said, Here is a mighty
noise about capt. Kidd. Says he, I believe he has done
but what he can answer, or that can do him any hurt.
Says I, Where have you been with him? He said at
Madagascar.

L. C. B. Ward : Mr. Bradinham was with them, there
is no doubt of that. It is not to be questioned, that he
would not say any thing ill of them then. Capt. Kidd,
have 3^ou any thing more to say ?

Kidd: Call capt. Humphreys. (Who appeared.)

L. C. B. Ward: What questions would you ask him?

Kidd: What do you know of me?

Humphreys: I knew you. Sir, in the West-Indies in
the beginning of the late war; and I know you had the
applause of the general, as I can shew by the general's
letter. I know nothing further of you.

Kidd: Did you know any thing that I was guilty of
any piracies ?

Humphreys: No; but you had a general applause for
what you had done from time to time.

L. C. B. Ward: How loug was this ago?

Humphreys: Twelve years ago.

L. C. B. Ward : That was before he was turned pirate.

CAPTAIN KIDD, THE PIRATE. 223-

Kidd: Call capt. Bond. (Who appeared.)

L. C. B. Ward: What do you call him for?

Kidd: Capt. Bond, pray, will you give an account of
what 3'ou know of me?

Bond: I know you was very useful at the beginning
of the war in the West-Indies.

Baron Hatsell: To be sure, they had a good opinion
of him in 1695, when they granted him the commission.

Kidd: There is nothing in the world can make it ap-
pear I was guilty of piracy; I kept company with cap-
tain Warren for six days.

Mr. Coniers: I believe you kept company more with
captain CuUiford than with captain Warren.

Kidd: I never designed to do any such thing.

Mr. Coniers: My lord, we will say nothing at all; but
leave it to your lordship to direct the jury.

Kidd: I have many papers for my defence, if I could
have had them.

L. C. B. Ward: What papers were they? — Kidd: My
Erench passes.

L. C. B. Ward: Where are they? — Kidd: My lord
Bellamont had them.

L. C. B. Ward: If you had had the French passes you
should have condemned ships.

Kidd: I could not, because of the mutiny in my ship.

L. C. B. Ward: If you had any thing of disability upon
you to make yoUr defence, you should have objected it
at the beginning of your trial; what you mean by it now
I cannot tell. If you have any thing more to say, you
may say it, the court is ready to hear you.

L. C. B. Ward: Gentlemen of the jury, the prisoners
at the bar, stand all here indicted for the crime of pi-

224 CAPTAIN KIDD, THE PIRATE.

racy, charged to be committed by tbem. And the in-
stance of the crime is, for feloniously and piratically
seizing and taking the ship called The Quedagh Mer-
chant, with the apparel and tackling thereof, to the
value of 400Z. and divers goods mentioned in the indict-
ment, to the value of 4,500^. the goods of several per-
sons unknown, from the mariners of the said ship, and
this at high-sea, within the jurisdiction of the court
of Admiralty, about ten leagues from Cutsheen in the
East-Indies the 30th of January, 1697, and in the 8th
year of his majesty's reign. Now whether all, or any,
and which of these prisoners, are guilty of this crime of
piracy laid in this indictment, or not guilty, it is your
part to determine according to the evidence that has
been given on both sides. The crime charged on them
is piracy, that is, seizing and taking this ship and goods
in it, piratically and feloniously: The time and place is
laid also in the indictment. To make good this accu-
sation, the king's counsel have produced their evidence;
and two witnesses have been examined in this case, each
of them were in the ship which took the Quedagh Mer-
chant, and very well acquainted with all the proceed-
ings; that is, Robert Bradinham and Joseph Palmer.
The first has given you an historical account of the
whole proceedings of capt. Kidd, from his first going
out of England in the Adventure-galley, to the time of
this fact charged on them. They tell you, that about
May, 1696, the king intrusted this captain Kidd with
two commissions, and they were both read to you: By
one of them, under the admiralty-seal, he was author-
ized to set out as a privateer the Adventure-galley, and
therewith to take and seize the ships and goods belong-

CAPTAIN KIDD, THE PIRATE. 225

ing to the French king, or his subjects, and such other
as were liable to confiscation. And by the other com-
mission, under the broad-seal of England, authority
was given for the taking of some pirates by name, and
all other pirates in the several places therein mentioned;
but in no sort to ofiFend or molest any of the king's
friends or allies, their ships or subjects, by colour thereof.
And by both commissions, command was given to bring
all such ships and goods, as should be taken, to legal
trials and condemnations. They tell us, that this ship
set out from Plymouth about May, 1696, and that in
their passage they did take a French ship, and they did
condemn that ship. Xow, gentlemen, you must bear
this in your minds, that to make it piracy, it must be
the taking piratically and feloniously upon the high
sea, within the jurisdiction of the admiralty of England,
the goods of a friend, that is, such as are in amity with
the king. Now, you see what way they went to work,
and what measures they took. Captain Kidd goes out,
and goes to New-York; and when he was there, he has
a project in his head, of setting up articles between him-
self and the people that were willing to be concerned
with him: For now, whether it seems more probable
from what followed, that capt. Kidd designed to man-
age himself according to the measures given him, and
the powers of his commissions, or any other way, you
must consider: for it is told you, that between one hun-
dred and fifty and one hundred and sixty men came in
under these articles, whereof the other prisoners were
part, and concerned in them. And as to those articles,
the import of them was, that whatever should be taken
15

22G CAPTAIN KIDD, THE PIRATE.

"by these people in their expeditions, should be divided
into one hundred and sixty parts, whereof captain Kidd
was to have forty shares for his part, and the rest were
to have according to the merit of each party, some whole
shares, and some half shares.

Now after these articles, you perceive what progress
they made, and what course they took; they went from
one place to another, and used a pretty deal of severity
wherever they came. A design they had to go into the
Red-sea, and they had expectations of the Mocca fleet
that lay at Mocca, and they sent their spies three times
to get intelligence: tlie two first times they could make
no discovery; but the third time they made an effectual
discovery, that the fleet was ready to sail; and in the
mean time capt. Kidd lay there in expectation of this
fleet; and, as the first witness tells you, capt. Kidd said,
he intended to make a voyage out of this fleet. Well,
he had a discovery of this fleet, and they came accord-
ingly; and they tell you, that he and his men in the
ship did attack one of the ships: but these ships being
guarded by two men of war, he could make nothing of
them; however, he shewed what his intention and design
was. Could he have proved, that what he did was in
pursuance of his commission, it had been something;
but, what had he to do to make any attack on these ships,
the owners and freighters whereof were in amity with
the king? This does not appear to be an action suit-
able to his commission. After he had done this, he came
to land, and there, and afterwards at sea, pursued strange
methods, as you have heard. The seeming justiflcation
he depends on, is his commissions. Now it must be ob-
served how he acted with relation to them, and what

CAPTAIN KIDD, THE PIRATE. 227

irregularities he went by. He came to a place in the
Indies, and sent his cooper ashore, and that cooper was
killed by the natives; and he uses barbarity, and ties an
Indian to a tree, and shoots him to death. Now he went
from place to place, and committed hostilities upon sev-
eral ships, dealing very severely with the people.

But this being something foreign to the indictment,
and not the facts for which the prisoners at the bar are
indicted, we are confined to the Quedagh Merchant; but
what he did before, shews his mind and intention not to-
act by his commissions, which warrant no such things.
Gentlemen, you have an account, that he met with this
ship, the Quedagh Merchant, at sea, and took her; that
this ship belonged to people in amity with the king of
England; that he seized this ship, and divers goods were
taken out of her and sold, and the money divided pur-
suant to the heads contained in those articles set up at
New- York. The witnesses that speak to that, come
home to every one of the prisoners: they tell you, that
the dividend was made; that captain Kidd had forty
shares of the money, and the rest of the prisoners had
their proportions according to the articles, some whole
shares, and some a half a share of that money. After
they had seized on the ship, you hear of a certain sort
of project, that a Frenchman should come and pretend
himself the master, and produce, or pretend to produce
a French pass, under a colour that these peoples ship and
goods, who were Moors, should be Frenchmen's ship and
goods, or sailed under a French pass, and so justify what
he did under the colour of his commission from the king.
Now no man knows the mind and intention of another,
but as it may be discovered by his actions. If he would

228 CAPTAIN KIDD, THE PIRATE.

have this to be understood to be his intention, or that it
was a reality, that he took this as a French ship, or under
a French pass, then he ought to have had the ship and
goods inventoried, and condemned according to law,
that he might have had what proportion belonged to
him, and that the king might have had what belonged
to him, as his commissions directed: but here was noth-
ing of that done, but the money and goods tbat were
taken were shared; and you have an account likewise
how some of the goods were sold, and the money dis-
posed of, and how the remaining goods were disposed
of; and one witness speaks positivelj^ of the distribution
of the goods that remained unsold, that they were di-
vided according to the same proportions as the articles
mentioned, and every one of the prisoners had his share:
there belonged forty shares to captain Kidd, and shares
and half shares to the rest.

Now this is the great case that is before you, on which
the indictment turns: the ship and goods, as you have
heard, are said by the witnesses to be the goods of the
Armenians, and other people that were in amity with
the king; and captain Kidd would have them to be the
goods of Frenchmen, or at least, that the ship was sailed
under French passes. Now if it were so, as capt. Kidd
says, it was a lawful prize, and liable to confiscation;
but if they were the goods of persons in amity with the
king, and the ship was not navigated under French passes,
it is very plain it is a piratical taking of them. Gentle-
men, it is to be considered what evidence capt. Kidd
hath given to prove that ship and goods to belong to
the French king, or his subjects, or that the ship was
sailed under a French pass, or, indeed that there ever

CAPTAIN KIDD, THE PIRATE. 229

was a Frencli pass shewn or seen. He appeals indeed
to the witnesses over and over again, did you never see
it? No, say they: Nor did not you, saith he, say you
saw it? No, saith the witness; I said that captain Kidd
said he had a French pass, but I never saw it. Now
after all, the taking of the Quedagh Merchant is brought
down to Mr. Kidd, and the prisoners with others, and
the distribution of the money produced by the sale of
the goods among Mr. Kidd and his crew, whereof every
one of these prisoners were present at the same time,
and had proportions.

Now gentlemen, this must be observed; If this was a
capture on the high sea, and these were the goods of
persons in amity with the king, and had no French pass,
then it is a plain piracy. And if you believe the wit-
nesses, here is a taking of the goods and ships of persons
in amity, and converting them to their own use: such
a taking at laud as this would be felony, and being at
sea it will be piracy; for this is a taking the ship from
the right owners, and turning it to their own use. So
that you have evidence as to the seizing of the ship, and
dividing the money rising from the goods sold, and shar-
ing the remainder according to the articles.

Now, what does captain Kidd say to all this ? He has
told you, he acted pursuant to his commission; but that
cannot be, unless he gives you satisfaction, that the ship
and goods belonged to the French king, or his subjects,
or that the ship had a French pass; otherwise neither
of them will excuse him from being a pirate; for if he
takes the goods of friends, he is a pirate; he had no au-
thority for that; there is no colour from either of his com-
missions for him to take them: And as to the French

230 CAPTAIN KIDD, THE PIRATE.

passes, there is nothing of that appears by any proof;
and, for aught I can see, none saw them but himself, if
there were ever any. It is proved, that the people that
were owners of the goods made him very large offers to
redeem the ship (twenty thousand rupees, as I remem-
ber;) but he would not accept their proposal, but said,
' that is a small sum, the cargo is worth a great deal
more,' or to that effect: And further said, 'he^must an-
swer these people, that his men will not part with it:'
And a Frenchman was to be set up for a mock business,
as you have heard; and if the witnesses say true, they
were said by the captain of the ship to be, and were
reputed to be, the ship and goods of friends and not of
enemies; and if they were so, and had no French pass,
then is he, and those that were concerned with him,
guilty of piratically taking this ship, and of piratically
seizing the goods in the ship; and neither of his com-
missions will justify such an act as this. If he had acted
pursuant to his commission, he ought to have condemned
the ship and goods, if they were a French interest, or
sailed under a French pass; but by his not condemning
them, he seems to shew his aim, mind, and intention,
that he did not act in that case by virtue of his commis-
sion, but quite contrary to it; for he takes the ship, and
shares the money and goods, and is taken in that very
ship by my lord Bellamont, and he had continued in
that ship till that time; so there is no colour or pretence
appears, that he intended to bring this ship to England
to be condemned, or to have condemned it in any of the
English plantations, having disposed of the whole cargo
as aforesaid. Here I must leave it to you to consider,
whether, according to the evidence that appears, there

CAPTAIN KIDD, THE PIRATE. 231

is any ground for him to say, he has acted by his com-
mission in taking the Quedagh Merchant and goods in
her, or whether he has not acted contrary thereunto.

Now, for himself, he has called some persons here to
give an account of his reputation, and of his services
done in the West-Indies ; and one of them says, about
ten or twelve years he did good service there. Why, so
he might and might have, and it is very like he had
such reputation when the king trusted him with these
commissions, else I believe he had never had them; so
that whatever he might be so many years ago, that is
not a matter to be insisted on now, but what he hath
been since, and how he hath acted in this matter charged
against him: So that, gentlemen, as to Mr. Kidd, I must
leave to you, whether he is guilty of piracy or no ? And
if you believe him guilty upon the evidence, you will
find him so, if not, you will acquit him.

Now for the other prisoners, it is proved they were
all concerned in taking and sharing the ship and goods
in the indictment; yet their circumstances differ pretty
much among themselves. There are three of them, that
it has been made out to you, and owned by the king's
witnesses, that they were servants, Robert Lamley, Will-
iam Jenkins, Richard Barlicorn. All these are made
out to be servants, and you have had the indentures of
two of them produced, and the king's witnesses prove
them so, and they were admitted to be servants. Now,
Gentlemen, there must go an intention of the mind,
and a freedom of the will, to the committing a felony
or piracy. A pirate is not to be understood to be under
constraint, but a free agent; for in this case the bare
act will not make him guilty, unless the will make it

232 CAPTAIN KIDD, THE PIRATE.

SO. Now a servant, it is true, if he go voluntarily, and
liave his proposition, he must be accounted a pirate; for
then he acts upon his ovf'n account, and not by compul-
sion. And these persons, according to the evidence, re-
ceived their part; but whether they accounted to their
masters for their shares afterwards, yea or no, as they
pretend, but make no proof of it, I must leave that to
you; and therefore there is a consideration to be had of
them: for if these men did go under the compulsion of
their masters, to whom they were servants, and not vol-
untarily, and upon their own accounts, it may difference
their case from others, who went and acted willingly in
this matter, and upon their own accounts. So that as
to those that were servants under the command of their
masters, that were present with them, I must leave it
to you, whether you will distinguish between them and
the others, that were not servants, but free agents. It
is true, a servant is not bound to obey his master but
in lawful things, which they say they thought this was,
and that they knew not to the contrary, but that their
masters acted according to the king's commission; and
therefore their case must be left to your consideration,
whether you think them upon the whole matter guilty
or no. If you believe them guilty, you will find them
so, otherwise you will acquit them.

For the other persons, some of them pretend they
came in on his majesty's proclamation, and for that you
must consider the evidence, and take it altogether, and
consider whether you are satisfied by what they have
said or proved, that they have brought themselves within
the benefit of the king's favour by that proclamation.
You have heard it read, and observed the qualifications

CAPTAIN KIDD, THE PIRATE. 233

and directions by it, and the terms upon which the par-
don was promised, which are not made out to you, to be
complied with by them; they may apply another way
for the king's mercy; this court must proceed according
to the rules of law and justice: but then all of them hold
on this; we were, say they, under the captain, and acted
under him as their commander: and, gentlemen, so far
as they acted under his lawful commands, and by virtue
and in pursuance of his commissions, it must be admit-
ted they were justifiable, and ought to be justified: but
how far forth that hath been, the actions of the captain
and their own will best make it appear. It is not con-
tested, but that these men knew, and were sensible of
what was done and acted, and did take part in it, and
had the benefit of what was taken shared amongst them:
and if the taking of this ship and goods was unlawful,
then these men can claim no advantage by these com-
missions, because they h;id no authority by them to do
what they did, but acted quite contrary to them. What
had they to do to enter into such articles, and to act as
they did? you must consider the evidence given here,
according to the rules of the law; and if you are satis-
fied, that they have knowingly and wilfully been con-
cerned or partaken with captain Kidd in taking this
ship, and dividing the goods, and that piratically and
feloniously, then they will be guilty within this indict-
ment. It is worthy of consideration what appears upon
the evidence, that they met with one reputed to be a
notorious pirate, called Culliford; he was esteemed an
arch-pirate, and known to be so; yet this capt. Kidd,
that was commissioned to take pirates, instead of taking
him, grows to such an intimacy with him, that he said

234 CAPTAIN KIDD, THE PIRATE.

lie would have his soul fry in hell before he would hurt
hini, or to that effect; and so they made presents one to
another; and capt. Kidd left three of his men with him.
Whilst men pursue their commissions they must be jus-
tified; but when they do things not authorised, or never
acted by them, it is as if there had been no commission
at all. I have distinguished the evidence as well as my
memory serves me, and must leave it to you to determine
upon the whole matter, who are guilty, and who not?
And such as you are satisfied to be guilty, you will find
so, and such as you are not satisfied to be guilty, you
will acquit,

(Then the Jury withdrew, and after half an hour's
stay, brought in their verdict.)

CI. of Arr. : Gentlemen, of the Jury, answer to your
names, John Cowper, &c.

J. Cowper: Here, &c.

CI. of Arr.: Are you agreed of your Verdict? — Omnes:
Yes.

CI. of Arr.: Who shall say for you? — Omnes: Fore-
man.

CI. of Arr. : William Kidd, hold up thy hand. (Which
he did.) How say you, is he guilty of the piracy whereof
he stands indicted, or not guilty? (And so of the
rest.)

Foreman: Guilty.

CI. of Arr. : Is Nicholas Churchill guilty, or not guilty ?

Foreman: Guilty.

CI. of Arr.: Is James Howe guilty, &c.? — Foreman:
Guilty.

CI. of Arr. : Is Robert Lamley guilty, &c. ? — Fore-
man: Not guilty.

CAPTAIN KIDD, THE PIRATE. 235

CI. of Arr. : Is William Jenkins guilty, &c. ? — Fore-
man: Not guilty.

CI. of Arr. : Is Gabriel Loffe guilty, &c. ? — Foreman :
Guilty.

CI. of Arr.: Is Hugh Parrot guilty, &e.? — Foreman:
Guilty.

CI. of Arr. : Is Ricliard Barlicorn guilty, &c. ? — Fore-
man: Not guilty.

CI. of Arr.: Is Abel Owens guilty, &c.? — Foreman:
Guilty.

CI. of Arr. : Is Darby Mullins guilty, &c. ? — Foreman :
Guilty.

(Then William Kicld and the other nine persons, were
further arraigned upon four indictments, in manner
following:)

CI. of Arr. : William Kidd, hold up thy hand. (Which
he did, and so the other nine.) You stand indicted by
the name of William Kidd, late of London, mariner, &c.

The Jurors for our sovereign lord the king do, upon
their oath, present. That William Kidd, late of London,
mariner, &c., the 20th day of September, in the 9th
year of the reign of our sovereign lord William the 3rd,
by the grace of God, of England, Scotland, France, and
Ireland king, defender of the faith, &c. by force and
arms, &c. upon the high sea, in a certain place, distant
abour 50 leagues from the port of Carrawar, in the East
Indies, and within the jurisdiction of the Admiralty of
England, did piratically and feloniously set upon, board,
break and enter a certain ship called a Moorish ship,
then being a ship of certain persons (to the jurors afore-
said unknown), and then and there piratically and feloni-
ously did make an assault in and upon certain mariners

236 CAPTAIN KIDD, THE PIRATE.

(whose names to the jurors aforesaid are unknown) in
the same ship, in the peace of God, and of our said now
sovereign lord the king, then and there being, piratic-
ally and feloniously did put the aforesaid mariners of
the same ship, in the ship aforesaid then being, in cor-
poral fear of their lives, then and there in the ship
aforesaid, upon the high sea, in the place aforesaid, dis-
tant about 50 leagues from the port of Carrawar afore-
said, in the East Indies aforesaid, and within the juris-
diction aforesaid, piratically and feloniously did stea],
take and carry away 100 pound weight of coffee, of the
value of 51. of lawful money of England, 60 pound weight
of pepper of the value of 3Z. of lawful money of England,
1 cwt. of myrrh, of the value of 5Z. of lawful money of Eng-
land, and 20 pieces of Arabian gold, of the value of SI. of
lawful money of England, the goods, chattels and mon-
ies of certain persons (to the jurors aforesaid unknown)
then and there upon the high sea aforesaid, in the afore-
said place, distant about 50 leagues from the port of
Carrawar aforesaid, in the East Indies aforesaid, and
within the jurisdiction aforesaid, being found in the
aforesaid ship, in the custody and possession of the said
mariners in the said ship, from the said mariners of the
said ship, and from their custody and possession, then
and there upon the high sea aforesaid, in the place afore-
said, distant about 50 leagues from the port of Carrawar
aforesaid, in the East Indies aforesaid, and within the
jurisdiction aforesaid, against the peace of the said now
sovereign lord the king, his crown and dignity, &c.

How sayest thou, William Kidd, art thou guilty of this
piracy and robbery, whereof thou standest indicted, or
not guilty?

CAPTAIN KIDD, THE PIRATE. 237

Kidd: Not guilty.

CI. of Arr.: Culprit, how wilt thou be tried?

Kidd: By God and my country.

CI. of Arr. : God send thee a good deliverance. (And
so of the other nine).

CI. of Arr.: William Kidd, hold up thy hand. (Which
he did: and so the other nine). You stand indicted by
the name of William Kidd, late of London, mariner.
(And so of the rest.)

The Jurors for our sovereign lord the king do, uj^on
their oath, present, that William Kidd, late of London,
mariner, &c. ; the 27th day of November, in the 9th year
of the reign of our sovereign lord William the Third, by
the grace of God, of England, Scotland, France, and Ire-
land, king, defender of the faith, &c. by force and arms,
&c. upon the high sea, in a certain place, distant about
four leagues from Callicut, in the East-Indies, and within
the jurisdiction of the Admiralty of England, did pirat-
ically and feloniously set upon, board, break, and enter
a certain ship called a Moorish ketch, then being a ship
of certain persons (to the jurors aforesaid unknown), and
then and there piratically and feloniously did make an
assault in and upon certain mariners (whose names to
the jurors aforesaid are unknown) in the same ship in
the peace of God, and of our said now sovereign lord
the king, then and there being, piratically and feloni-
ously did put the aforesaid mariners of the same ship,
in the ship aforesaid then being, in corporal fear of their
lives, then and there in the ship aforesaid, upon the high
sea, in the place aforesaid, distant about four leagues
from Callicut aforesaid, in the East-Indies aforesaid, and
within the jurisdiction aforesaid, piratically and feloni-

238 CAPTAIN KIDD, THE PIRATE.

ously did steal, take and carry away tlie same ship, and
the apparel and tackle of the same ship, of the value of
5001. of lawful money of England; 11 bales of cotton, of
the value of 60/. of lawful money of England; two
horses, each of them of the price of 20/, of lawful
money of England; and 50 Indian quilts of the value of
51. of lawful money of England (the goods and chattels
of certain persons to the jurors aforesaid unknown) then
and there upon the high sea aforesaid in the aforesaid
place, distant about four leagues from Callicut aforesaid,
in the East-Indies aforesaid, and within the jurisdiction
aforesaid, being found in the aforesaid ship, in the cus-
tody and possession of the said mariners in the same
ship, from the said mariners of the said ship, and from
their custody and possession, then and there upon the
high sea aforesaid, in the place aforesaid, distant about
four leagues from Callicut aforesaid, in the East-Indies
aforesaid, and within the jurisdiction aforesaid, against
the peace of our said now sovereign lord the king, his
crown and dignity, &c.

How sayest thou, William Kidd, art thou guilty of
this piracy and robbery whereof thou standest indicted,
or not guilty?

Kidd: Not guilty.

CI. of Arr.: Culprit, how wilt thou be tried?

Kidd: By God and my country.

CI. of Arr. : God send thee a good deliverance. (And
so of the other nine.)

CI. of Arr. : Wm. Kidd, hold up thy hand. (Which
he did: and so the other nine.)

You stand indicted by the name of William Kidd,
late of London, mariner. (And so the rest.)

CAPTAIN KIDD, THE PIRATE. 239

The Jurors for our sovereign lord the king do, upon
their oath, present, that Wm. Kidd, late of London,
mariner, &c. ; the 28th day of December, in the 9th year
of the reign of our sovereign lord William the 3rd, by
the grace of God of England, Scotland, France and Ire-
land, king, defender of the faith, &c. by force and arms^
&c. upon the high sea, in a certain place, distant about,
four leagues from Callicut, in the East-Indies, and
■within the jurisdiction of the Admiralty of England^
did piratically and feloniously set upon, board, break
and enter a certain ketch, called a Moorish ketch, then
being a ketch of certain persons (to the jurors aforesaid
unknown) and then and there piratically and feloni-
ously did make an assault in and upon certain mariners
(whose names to the jurors aforesaid are unknown) in.
the same ship, in the peace of God, and of our said now
sovereign lord the king, then and there being, pirat-
ically and feloniously, did put the aforesaid mariners of
the same ketch, in the ketch aforesaid then being, in
corporal fear of their lives, then and there in the ketch
aforesaid, upon the high sea, in the place aforesaid,
distant about four leagues from Callicut aforesaid, in
the East-Indies aforesaid, and within the jurisdiction
aforesaid, piratically and feloniously did steal, take, and
carry away the said ketch, and the apparel and tackle
of the same ketch, of the value of 501. of lawful money
of England; thirty tubs of sugar-candy, of the value of
lol. of lawful money of England; six bales of sugar, of
the value of 61. of lawful money of England; and ten
bales of tobacco, of the value of 101. of lawful money
of England, the goods and chattels of certain persons
(to the jurors aforesaid unknown) then and there upon

24:0 CAPTAIN KIDD, THE PIRATE.

the liigli sea aforesaid, in the aforesaid place, distant
about four leagues from Callicut aforesaid, in the East-
Indies aforesaid, and within the jurisdiction aforesaid,
being found in the aforesaid ketch, in the custody and
possession of the said mariners in the same ketch, from
the said mariners of the said ketch, and from their cus-
tody and possession, then and there upon the bigh sea
aforesaid, in the place aforesaid, distant about four
leagues from Callicut aforesaid, in the East-Indies afore-
said, and within the jurisdiction aforesaid, against the
peace of our said now sovereign lord the king, his crown
and dignity, &c.

How sayest thou, William Kidd, art thou guilty of
the piracy and robbery whereof thou standest indicted,
or not guilty?

Kidd: Not guilty.

CI. of Arr.: How wilt thou be tried?

Kidd : " By God and my country.

CI. of Arr.: God send thee a good deliverance. (And
so of the other nine.)

CI. of Arr.: William Kidd, hold up thy hand. (Whicb
he did: and so the other niue.)

• You stand indicted by the name of William Kidd,
late of London, mariner, &c. (And so of the rest.)

The jurors for our sovereign lord the king do, upon
their oath, present, That William Kidd, late of London,
mariner, &c. the 20th day of January, in the 9th year
of the reign of our sovereign lord, William the 3rd, by
the grace of God of England, Scotland, France, and
Ireland king, defender of the faith, &c. by force of
arms, &c. upon the high sea, in a certain place, distant
about 12 leagues from Callicut in the East Indies, and

CAPTAIN KIDD, THE PIRATE. 24t

within the jurisdiction of the Admiralty of England,
did piratically and feloniously set upon, board, break,
and enter a certain ship, called a Portuguese ship, then
being a ship of certain persons (to the jurors aforesaid
unknown), and then and there piratically and feloni-
ously did make an assault in and upon certain mariners,
subjects of the king of Portugal (whose names to the
jurors aforesaid are unknown) in the same ship, in the
peace of God, and of our said now sovereign lord the
king, then and there being, piratically and feloniously did
put the aforesaid mariners of the same ship, in the ship
aforesaid then being, in corporal fear of their lives, then
and there in the ship aforesaid, upon the high sea, in
the place aforesaid, distant about 12 leagues from Calli-
cut aforesaid, in the East Indies aforesaid, and within
the jurisdiction aforesaid, piratically and feloniously
did steal, take, and carry away two chests of opium, of
the value of 40Z. of lawful money of England; 80 bags
of rice, of the value of 121. of lawful money of England;
one ton of bees-wax, of the value of 101. of lawful
money of England; 30 jars of butter, of the value of
10^. of lawful money of England; and half a ton of
iron, of the value of 4?. of lawful money of England,
the goods and chattels of certain persons (to the jurors
aforesaid unknown) then and there upon the high sea
aforesaid, in the aforesaid place, distant about 12 leagues
from Callicut aforesaid, in the East Indies aforesaid, and
within the jurisdiction aforesaid, being found in the
aforesaid ship in the custody and possession of the said
mariners in the same ship, from the said mariners of
the same ship, and from their custody and possession,
16

242 CAPTAIN KIDD, THE PIRATE.

then and there upon the high sea aforesaid, in the place
aforesaid, distant about 12 leagues from Callicut afore-
said, in the East Indies aforesaid, and within the juris-
diction aforesaid, against the peace of our said now sov-
ereign lord the king, his crown and dignity, &c.

How sayest thou, William Kidd, art thou guilty of
the piracy and robbery whereof thou standest indicted,
or not guilty?

Kidd: Not guilty.

CI. of Arr.: How wilt thou be tried?

Kidd: By God and my country.

CI. of Arr. : God send thee a good deliverance. (And
so of the other nine.)

Here the court adjourned until the next morn-
ing at 8 o'clock, May 9, 1701. A new jury being
sworn, Bradinham and Palmer, witnesses for
the king, were required to repeat the testimony-
brought out in the trial for " Piracy and Robberj
on the ship called the Quedagh Merchant," which
proved the taking of the Moorish ship September
20th, the Moorish ketch November 2Yth, the Moor-
ish ketch December 28th, and the Portuguese
ship January 20th. These four ships were seized
and plundered prior to the piracy of the Quedagh
Merchant, though Kidd and his associates were
tried in the order given. Justice Turton thus
sums up the evidence as regards the two Moorish
ships captured, one in September, the other in
November:

CAPTAIN KIDD, THE PIRATE. 243

Then he sailed towards the coast of Carrawar, and
there they met with the first Moorish ship, that he is
now charged with; and this ship they seized, and took
one Parker, who was the captain: they seized him, and
also a Portuguese, whom they made use of as an inter-
preter; and some of the men, whom they treated in a
barbarous manner. They tell you, that there happen-
ing to be an English factory, near that place; they of
that factory understanding that this Parker and the Port-
uguese were on board the ship, they sent to demand
them, and capt. Kidd denied them, and said, there were
no such men on board, and yet he had hid them under
the deck. You are also told by the witnesses what they
found and seized on board this ship, viz. pepper, coffee,
myrrh, and some gold. They have told you, the gold
was shared amongst them, and in specie, as I remember;
every mess had two pieces, and the rest of the goods
were divided amongst them in proportion, according to
their original agreement, or they had their shares of
the money for which they were sold. This was the first
ship that he stands charged with the piratical taking
of; and this ship was a Moorish ship, and did belong to
the natives of that place.

And then it appears they went to the coast of Mala-
bar, and there thej' took the other ship that he is charged
with by the other indictment; the first was taken in Sep-
tember, and this in November. There was on board
that ship two horses, and several bales of cotton, and
some other goods, and this also belonged to the Moors
and one skipper Mitchell, a Dutchman, was captain of
her. When they had taken this ship, they went to

244: CAPTAIN KIDD, THE PIRATE.

Madagascar, and there, it is told you, they sunk this
vessel: and they having several other goods that they
had taken out of another vessel, the goods were sold,
and divided between the captain and the rest of the men,
according to their several proportions. And it is proved
to you, that every one of these prisoners had '^ome share
of the product of those goods.

Gentlemen, there are three persons that were serv-
ants, that is, Robert Laraley, he was servant to Owens
the cook; William Jenkins, he was servant to the mate;
and Richard Barlicorn, who was servant to capt. Kidd:
now, though these might have their shares delivered to
them, yet it is to be presumed that they were to be ac-
countable to their masters: and they being servants, I
suppose you will think to distinguish them from the
rest. .

Gentlemen, this is the sum of the evidence given for
king; and, indeed, this seems to be as strong an evi-
dence against the prisoners at the bar as can be: they
did endeavour to take the Mocca fleet, but they were
too strong for them; and they could have no suspicion
that they were French, for they had English, Dutch,
and Moorish colours; so that captain Kidd could have
no pretence from his commission to look after these
ships: there were no French among them, and yet there
he lay three weeks waiting for them; but they did actu-
ally take these two ships mentioned in the indictments,
and disposed of the goods, and shared the product among
themselves. Here is all the evidence that can be given
of piracy.

CAPTAIN KIDD, THE PIRATE. 245

The jury acquitted the three servants and found
Kidd and the others "guilty."

Kidd and six of his accomplices then were tried
for taking the Moorish ketch December 28th and
the Portuguese ship January 20th.

Just. Turton: Gentlemen of the jury, Here are sev-
eral persons, viz. William Kidd, Robert Lamley, Will-
iam Jenkins, Gabriel Loffe, Hugh Parrot, Richard Barli-
corn, and Darby MuUins, they all stand indicted for
piracy : indeed there are three more indicted with them,
viz. Nicholas Churchill, James Howe, and Abel Owens;
but they have confessed themselves guilty, and you are
now eased of any enquiry concerning them, and are
only to consider of the other seven, who are indicted
upon two several indictments; one is, for the piratical
and felonious taking away a Moorish ketch, to the value
of 50^. and the goods therein to the value of 100/. ; this
was in December 1697: and the other is, for piratically
seizing and taking away goods to the value of 701. from
the Portugal ship, twelve leagues from Callicut, in the
East Indies. Now to these two indictments these pris-
oners at the bar have pleaded, not guilt}^; and whether
they are so or no, you are to determine upon the evi-
dence given you. There have been two witnesses pro-
duced for the King, Robert Bradinham, and Joseph
Palmer: I will not trouble you with the repetition of
their distinct evidence, because they agree in all things;
and if I mention what one has said, it is, in effect, what
the other has said also.

246 CAPTAIN KIDD, THE PIRATE.

The Capt. lays the blame on the men, and the men
seem to lay the blame on him: He went out on a good
design, to take pirates, had he pursued it; but instead
of that, it appears that he turned pirate himself, and
took the ships and goods of friends instead of enemies,
■which was a notorious breach of trust, as well as a
manifest violation of law. The evidence seems strong
against them, which I leave to you to consider of.

(Then the jury withdrew and after a short space
brought in their verdict.)

CI. of Arr. : Are you agreed of your Verdict? Omnes:
Yes.

CI. of Arr.: Who shall speak for you? Omnes: Fore-
man.

Foreman : Guilty. (And so of the rest.)

CI. of Arr.: William Kidd, hold up thy hand. (Which
he did) What cans't thou say for thyself? Thou hast
been indicted for several piracies, and robberies, and
murder and hereupon hast been convicted: What hast
thou to say for thy self, why thou shouldst not die ac-
cordingly to law?

Kidd: I have nothing to say, but that I have been
sworn against by perjured and wicked people.

(Then proclamation for silence was made, while sen-
tence was pronouncing.)

Dr. Oxenden: You the prisoners at the bar, William
Kidd, Nicholas Churchill, James Howe, Gabriel Loffe,
Hugh Parrot, Abel Owens, Darby Mullins; you have
been severally indicted for several piracies and robberies,
and you William Kidd for murder. You have been
tried by the laws of the land, and convicted; and noth-

CAPTAIN KroD, THE PIRATE. 2'17

mg now remains, but that sentence be passed accord-
ing to the law. And the sentence of the law is this:
" You shall be taken from the place where you are, and
carried to the place from whence you came, and from
thence to the place of execution, and there be sever-
ally hanged by your necks until you be dead. And the
Lord have mercy on your souls."

Kidd: My Lord, it is a very hard sentence. For my
part, I am the innocentest person of them all, only I
have been sworn against by perjured persons.

Captain Kidd was afterwards executed accord-
ing to the sentence.

In the first volume of the Newgate Calendar,
published in London by Andrew Knapp and Will-
iam Baldwin, Attorneys at Law, in 1824, is the
following account of Captain Kidd. It contains
information not brought out in the trial:

Piracy is an offense committed on the high seas, by
villains who man and arm a vessel for the purpose of
robbing fair traders. It is also piracy to rob a vessel
lying in shore at anchor, or at a wharf. The River
Thames, until the excellent establishment of a marine
police, was infested by gangs of fresh-water pirates, who
were continually rowing about, watching the home-
ward-bound vessels; which, whenever an opportunity
offered, they boarded, and stole whatever part of their
<;argo they could hoist into their boats. But, of late

248 CAPTAIN KIDD, THE PIRATE.

years, the shipping there, collected from every part of
the habitable globe, have lain in tolerable security
against such disgraceful depredations, and the introduc-
tion of the dock system has further increased this se-
curity.

Captain John Kidd ^ was born in the town of Green-
ock, in Scotland, and bred to the sea. Having quitted
his native country, he resided at New York,*^ where he
became owner of a small vessel, with which he traded
among the pirates, obtained a thorough knowledge of
their haunts, and could give a better account of them
than any other person whatever. He was neither re-
markable for the excess of his courage nor for the want
of it. In a word, his ruling passion appeared to be ava-
rice; and to this was owing his connexion with the pi-
rates. While in their company he used to converse and
act as they did; yet, at other times, he would make
singular professions of honesty, and intimate how easy
a matter it would be to extirpate these abandoned peo-
ple, and prevent their future depredations.

His frequent remarks of this kind engaged the notice
of several considerable planters, who, forming a more
favorable idea of him than his true character would war-
rant, procured him the patronage with which he was
afterwards honoured. For a series of years great com-
plaints had been made of the piracies committed in the
West Indies, which had been greatly encouraged by
some of the inhabitants of North America, on account
of the advantage they derived from purchasing effects

1 In his trial he is called Captain William Kidd,

2 He claimed London as his residence.

CAPTAIN KIDD, THE PIRATE. 24&^

thus fraudulently obtained. This coming to the knowl-
edge of King William III. he, in the year 1695, bestowed
the government of New England and New York on the
Earl of Bellamont, an Irish nobleman, of distinguished
character and abilities, who immediately began to con-
sider the most effectual method to redress the evils com-
plained of, and consulted with Colonel Livingston, a
gentleman who had great property in New York, on the
most feasible steps to obviate the evils so long com-
plained of. At this juncture Captain Kidd was arrived
from New York in a sloop of his own: him, therefore,
the colonel mentioned to Lord Bellamont as a bold and
daring man, who was very fit to be employed against tbe
pirates, as he was perfectly well acquainted with the
places which they resorted to. This plan met with the
fullest approbation of his lordship, who mentioned the af-
fair to his Majesty, and recommended it to the Board of
Admiralty: but such were then the hurry and confusion
of public affairs, that, though the design was approved,
no steps were taken towards carrying it into execution.
Accordingly Colonel Livingston made application to
Lord Bellamont, that, as the affair would not well admit
of delay, it was worthy of being undertaken by some
private persons of rank and distinction, and carried into
execution at their own expense, notwithstanding public
encouragement was denied it. His lordship approved of
this project, but it was attended with considerable diifi-
culty: at length, however, the Lord Chancellor Somers,
the Duke of Shrewsbury, the Earl of Romney, the Earl
of Oxford, and some other persons, with Colonel Living-
ston, and Captain Kidd, agreed to raise 6000L for the
expense of the voyage; and the colonel and captain.

250 CAPTAIN KIDD, THE PIRATE.

were to have a fifth of the profits of the whole under-
taking.'

Matters being thus far adjusted, a commission, in the
usual form, was granted to Captain Kidd, to take and
seize pirates, and bring them to justice; but there was
no special clause or proviso to restrain his conduct or
regulate the mode of his proceeding. Kidd was known
to Lord Bellamont, and another gentleman presented
him to Lord Romney. With regard to the other par-
ties concerned, he was wholly unacquainted with them;
and, so ill was this afi'air conducted, that he had no pri-
vate instructions how to act, but received his sailing
orders from Lord Bellamont, the purport of which was,
that he should act agreeably to the letter of his com-
mission.

Accordingly a vessel was purchased and manned, and
received the name of the Adventure Galley; and in this
Captain Kidd sailed for New York towards the close of
the year 1695, and in his passage made prize of a French
ship. From New York he sailed to the Madeira Islands,
thence to Bonavista and St. Jago, and from this last
j)lace to Madagascar. He now began to cruise at the
entrance of the Red Sea; but, not being successful in
those latitudes, he sailed to Calicut, and there took a
ship of one hundred and fifty tons' burden, which he
carried to Madagascar, and disposed of there. Having
sold this prize he again put to sea, and, at the expira-
tion of five weeks, took the Quedah Merchant, a ship
of above four hundred tons' burden, the master of which
was an Englishman, named Wright, who had two Dutch

1 The terms of this contract were not included in the triaL

CAFTAIN KIDD, THE PIRATE. '251

mates on board, aud a French gunner; but the crew-
consisted of Moors, natives of Africa, and were about
ninety in number. He carried the ship to St. Mary's,
near Madagascar, where he burnt the Adventure Galley,
belonging to his owners, and divided the lading of the
Quedah Merchant with his crew, taking forty shares to
himself.

Then they went on board the last-mentioned ship,
and sailed for the West Indies. It is uncertain whether
the inhabitants of the West India Islands knew that
Kidd was a pirate, but he was refused refreshments at
Anguilla and St. Thomas's, and therefore sailed to
Mona, betw^een Porto Rico and Hispaniola,' where,
through the management of an Englishman, named
Bolton, he obtained a supply of provisions from Cura-
coa. He now bought a sloop of Bolton, in which he
stowed great part of his ill-gotten effects, and left the
Quedah Merchant, with eighteen of the ship's compan}^
in Bolton's care. While at St. Mary's, ninety men of
Kidd's crew left him, and went on board the Mocha
Merchant, an East India ship, which had just then
commenced to pirate.

Kidd now sailed in the sloop, and touched at several
places, where he disposed of a great part of his cargo,
and then steered for Boston, in New England. In the
interim, Bolton sold the Quedah Merchant to the Span-
iards, and immediately sailed as a passenger in a ship for
Boston, where he arrived a considerable time before Kidd,
and gave information of what had happened, to Lord
Bellamont. Kidd, therefore, on his arrival, was seized

1 The Island of Cuba.

252 CAPTAIN KIDD, THE PIRATE.

hy order of his lordship, when all he had to urge in his
defence was, that he thought the Quedah Merchant was
a lawful prize, as she was manned with Moors, though
there was no kind of proof that this vessel had commit-
ted any act of piracy.

Upon this the Earl of Bellamont immediately dis-
patched an account to England of the circumstances
that had arisen, and requested that a ship might be sent
for Kidd, who had committed several other notorious
acts of piracy. The ship Rochester was accordingly sent
to bring him to England; but this vessel, happening to
be disabled, was obliged to return: a circumstance which
greatly increased a public clamour which had for a time
subsisted respecting this aifair, and which, no doubt,
took its rise from party prejudice. It was carried to
such a height, that the members of parliament for sev-
eral places were instructed to move the House for an in-
quiry into the affair; and accordingly it was moved, in
the House of Commons, that ' The letters-patent granted
to the Earl of Bellamont and others, respecting the goods
taken from pirates, were dishonourable to the king,
against the law of nations, contrary to the laws and
statutes of this realm, an invasion of property, and de-
structive to commerce.' Though a negative was put on
this motion, yet the enemies of Lord Somers and the
Earl of Oxford continued to charge those noblemen
with giving countenance to pirates; and it was even in-
sinuated that the Earl of Bellamont was not less cul-
pable than the actual offenders. Another motion was
accordingly made in the House of Commons, to address
his majesty that 'Kidd might not be tried till the uexb
session of parliament; and that the Earl of Bellamont

CAPTAIN KIDD, THE PIRATE. 253

might be directed to send home all examiuatious and
other papers relative to the affair.' This motion was
carried, and the King complied with the request which
was made.

As soon as Kidd arrived in England, he was sent for,
and examined at the bar of the House of Commons,
with a view to fix part of his guilt on the parties who
had been concerned in sending him on the expedition;
but nothing arose to criminate any, of those distin-
guished persons. Kidd, who was in some degree intoxi-
cated, made a very contemptible appearance at the bar
of the House; on which a member, who had been one
of the most earnest to have him examined, violently
exclaimed, ' This fellow ! I thought he had been only a
knave, but unfortunately he happens to be a fool like-
wise.' Kidd was at length tried at the old Bailey, and
was convicted on the clearest evidence; but neither at
that time nor afterwards charged any of his employers
with being privy to his infamous proceedings.

He suffered, with one of his companions (Darby Mul-
lins), at Execution Dock, on the 23d of May, 1701,
After Kidd had been tied up to the gallows, the rope
broke, and he fell to the ground; but being immediately
tied up again, the ordinary, who had before exhorted
him, desired to speak with him once more; and, on this
second application, entreated him to make the most
careful use of the few further moments thus providen-
tially allotted him for the final preparation of his soul
to meet its important change. These exhortations ap-
peared to have the wished-for effect; and he was left,
professing his charity to all the world, and his hopes of
salvation throusrh the merits of his Redeemer.

254 CAPTAIN KIDD, THE PIRATE.

Thus ended tlie life of Captain Kidd, a man who, if
he had entertained a proper regard for the welfare of
the public, or even his own advantage, might have be-
come an useful member of society, instead of a disgrace
to it. The opportunities he had obtained of acquiring
a complete knowledge of the haunts of the pirates ren-
dered him one of the most proper men in the world to
have extirpated this nest of villains; but his own avar-
ice defeated the generous views of some of the greatest
and most distinguished men of the age in which he
lived. Hence we may learn the destructive nature of
avarice, which generally counteracts all its own pur-
poses. Captain Kidd might have acquired a fortune,
and rendered a capital service to his country, in a point
the most essential to its interests; but he appeared to
be dead to all those generous sensations which do hon-
our to humanity, and materially injured his country,
while he was bringing final disgrace upon himself.

The story of this wretched malefactor will effectually
impress on the mind of the reader the truth of the old
observation, that " Honesty is the best policy."

APPENDIX.

Page 62. In this connection, the following account of the-
origin of the motto on the official seal of the Department of
Justice is interesting. The extract was copied from a docu-
ment in the Department by order of Assistant Attorney-Gen-
eral James E. Boyd:

" In response to your inquiry touching the origin and adop-
tion of the Latin inscription on the seal of this Department,
Qui pro domina justitia sequitur, I take pleasure in inform-
ing you that, according to a Department tradition, it was sug-
gested to Attorney-General Black by a passage in Lord Coke's
Institutes, Part 3, folio 79, which reads thus: 'And I well re-
member, when the Lord Treasurer Burleigh told Queen Eliza-
beth, Madame, here is your Attorney-General (I being sent for)
qui pro domina regina sequitur, she said she would have the
records altered; for it should be attornatus generalis qui pro
domina veritate sequitur.^

" The first of these phrases is believed to have been quoted
by Burleigh from a Latin form then in use (all judicial pro-
ceedings were at that time required to be recorded in Latin)
in making up the record of actions brought by the Attorney-
General on behalf of the Ci'own. It is translated, ' who (the
Attorney-General) sues for (or on behalf of) our lady the Queen.'

"'Sequor ' is employed in the same sense (i. e., to sue or bring
suit) in the Statute of Westminster 2, Chap. 18, as follows: 'in
electione illius qui sequitur pro liujusmodi debito ' (see Coke's
Institutes, Part 2, folio 394). In fact our word 'sue' comes
from 'sequor.' (See Century Dictionaiy.)

"You will observe that the inscription on the seal is the
Latin phrase used by Burleigh, with 'justitia ' substituted for
'regina.'

" When the motto was adopted the law department of the
Government was known as the 'Attorney-General's Office.'

•256 APPENDIX.

The Department of Justice was subsequently created (June 22,
1870) and the Attorney-General made the head thereof; but
^he seal of the former Attorney-General's office was retained
;as the seal of the Department of Justice with the words ' De-
partment of Justice' inserted therein in lieu of 'Attorney-
General's Office.'

" It would naturally be expected that this Department would
justify the adoption of its motto by legal rather than classical
precedent."

Page 117. This letter of Sir Walter Raleigh to King James
is his own defense against Count Gondouaar's accusations:

"May it please your most excellent majesty: In my journey
outward-bound I had my men murdered at the island, and yet
spared to take revenge: if I did discharge some Spanish barques
i;aken without spoil: if I did forbear all parts of the Span-
ish Indies, wherein I might have taken 30 of their towns on
the sea coasts, and did only follow the Enterprize I undertook
for Guiana, where, without any directions from me, a Spanish
village was burnt, which was new set vip within three miles
of the Mine, by your majesty's favour, I find no reason why
the Spanish Ambassador should complain of me. If it were
lawful for the Spaniards to murder 26 Englishmen, binding
them back to back, and then cutting their throats, when they
had traded with them a whole month, and came to them ou
land without so much as one sword; and that it may not be
lawful for your majesty's subjects, being charged first by them,
to repel force by force; we may justly say, O miserable Eng-
lish! If Parkes and Metham took Campeach and other places
in the Honduraes, seated in the heart of the Spanish Indies,
burned towns, killed Spaniards, and had nothing said to them
at their return, and myself forbore to look into the Indies, be-
cause I would not ofiiend: I may justly say, O miserable Sir
Walter Raleigh! If I spent my poor estate, lost my son, suf-
fered by sickness and otherwise, a world of miseries; if I have
resisted, with the manifest hazard of my life, the robberies
and spoils which my company would have made; if when I was
poor I might have made myself rich; if, when I had gotten my
liberty, which all men and nature itself do so much prize, I
volimtarily lost it: if, when I was sure of my life, I rendered

APPENDIX. 257

it again : if I might elsewhere have sold my ship aud goods,
and put 5 or 6000Z. in my pocket, and yet have brought her to
England: I beseach your majesty to believe that all this I
have done because it should not be said to your majesty, that
your majesty had given liberty and trust to a man, whose end
was but the recovery of his liberty, and who had betrayed your
majesty's trust. My mutineers told me, that if I returned for
England, I should be undone: but I believed in your majesty's
goodness, more than in all their arguments. Sui-e I am, that
I am the first that being free, and able to enrich myself, have
embraced poverty and peril: and as sure I am, that my ex-
ample shall make me the last. But your majesty's wisdom
and goodness I have made my judge : who have ever been, and
shall ever be, your majesty's most humble vassal.

"Walter Raleigh."

Sir Walter Raleigh was the last survivor of the favorites of
Queen Elizabeth and of the distinguished English ofiicers who
defeated the Spanish in 1588.

There is retribution in history. To-day, the descendants of
the colonists who settled the "Virginia" he discovered (his
royal patent from Queen Elizabeth extended from the Atlantic
to the Pacific and far to the north and south of that State's
boundaries), are foremost among those who have swept the
power of Spain from the Western Hemisphere. The cruiser
Raleigh fired the first shot in the battle of Manila Bay. Men
of the blood of Walter Raleigh's race have driven the flag of
Castile and Arragon from the West Indies, the islands of the
Pacific Ocean, and eliminated the ancient prestige of Spain
from the history of the future.

The royal line of Stuart is extinct. The name of Raleigh
lives and is honored throughout the civilized world.

The fact that Sir Walter Raleigh spent 40,000Z. of his private
fvmds in the expedition which resulted in the discovery of
"Virginia" is not generally known. Under the terms of the
royal patent granted him, the new country was " to belong to
him and to his heirs forever." One-fifth of the ore discovered
was to revert to the crown of England. Queen Elizabeth, and
not Sir Walter Raleigh, as is commonly believed, named the
land "Virginia."
if 17

258 APPENDIX.

Raleigh's wisdom and foresight first suggested the control
of the Isthmus of Panama by the Anglo-Saxon.

Investigation never fails to enhance his reputation as a
courtly knight, a brave man, and an accomplished student of
men and affairs.

The language used by Sir Edward Coke as Attorney-General
in the Trial of 1603 and the tribunal at Westminster, October
28, 1618, presided over by Lord Chief Justice Coke, are ever-
lasting stains on the ermine of that great lawyer and jurist.

Page ISO. The reference in the closing lines of the Pilgrim-
age, a poem written by Sir Walter Raleigh during his impris-
onment in the Tower, is evident to one who has read the Trial.

" From thence to heaven's bribeless hall
Where no corrupted voices brawl,
No conscience, molten into gold,
No forged accuser, bought or sold,
No cause deferred, no vain-spent journey,
For there Christ is the King's Attorney:
Who pleads for all without degrees,
And He hath angels, but no fees;
And when the grand twelve million jury
Of our sins, with direful fury
'Gainst our souls black verdicts give,
Christ pleads his death, and then we live.
Be thou my speaker, taintless pleader,
Unblotted lawyer, true proceeder!
Thou giv'st salvation even for alms —
Not with a bribed lawyer's palms.
And this is mine eternal plea
To Him that made heaven, earth and sea,
That since my flesh must die so soon.
And want a head to dine next noon,
Just at the stroke when my veins start and spread
Set on my soul an everlasting head:
Then am I, like a palmer, fit
To tread those blest paths which before I writ
Of death and judgment, heaven and hell.
Who oft doth think, must needs die well."

— Sir Walter Raleigh.

APPENDIX. 259

Page US. The Lord Chief Baron Ward, the Solicitor Gen-
eral, Dr. Oxenden, and others who conducted this trial, alwa^'S
used the expressions " Was you," " You was," etc.

One's first impulse is to blame the printer, the proof-reader,
or the man who reported the trial. But " you was " was good
English at that time and occurs in the writings of Addison,
Steel, Swift, and others. Later " you were " became the usage
as being a more cerem9nious and courteous manner of ad-
dressing a person.

The proceedings were probably reported correctly.

Major Frank Strong of the Department of Justice is author-
ity for the statement that a system of short-hand was in vogue
about that date. He ■«Tites: "In the trial of John Huggins,
Esq., Warden of the Fleet Prison, for the Murder of Edward
Arne at the Sessions House in the Old Bailey, May 21st, 1729,
before Mr. Justice Page, IMr. Baron Carter and others, his
Majesty's Justices, there is a foot-note to this effect: 'These
trials of Huggins, Bambridge, and Acton were all taken in
Short-Hand by Mr. Lxtke Kenn {Clerk to the Committee ap-
pointed to enquire into the Gaols of the Fleet, Marshalsea &c.),
who in his Life-time asked Two Hundred Pounds for the copy of
thenu'' " Hargrave's State Trials, vol. 9, page 111.

Page 178. Captain John Avery was born near Plymouth,
England, about the year 1650. He chose a seafaring life, and
soon became the mate of a merchantman. At this time Spain
was still clinging desperately to her old policy of preserving
the trade of her possessions in the new ^vorld for herself. She
strove to maintain her monopoly by the most stringent laws.
In the words of an ancient decree, no person could travel for
merchandise, or for any other cause, to the said lands or islands,
without special license from the reigning prince. One of the
kings of Spain declared he would as soon give his two eyes as
allow other nations to visit his West Indian territories. It was
one thing to make prohibitive laws ; it was quite another mat-
ter to enforce them. Spain, now fast approaching the stages
of imperial decay, fovmd the task of uplaolding her monopoly
one for which she was becoming less and less capable. She
maintained a coast-guard fleet, whose preposterous duty it was
to seize all ships that dared to come within fifteen miles of the
forbidden land. But the fleet was small and inefficient, and

260 APPENDIX.

the smugglers numerous and bold. Spain and Great Britain
were in alliance against France, and the French free traders
were giving most trouble to the Spaniards. In their extremity
the Spaniards hired several vessels from Great Britain to in-
crease the strength of the coast guard. Some enterprising
Bristol merchants fitted out two stout ships, well armed, and
manned by about two hundred and fifty adventurous fellows
who were ready to go anywhere and do anything. Every, or
Aveiy, sailed as first mate on one of these ships. When he
reached the high seas he instigated a mutiny among the men.
One night, when the Captain was drunk in his cabin (the ship
was anchored off Corunna, where he was to receive his orders),
Avery and his mutineers put to sea. When the Captain awoke
he was sent ashore in a boat, and Avery sailed for Madagascar,
then the favorite resort for pirates in the East Indies, as Ja-
maica was in the West Indies. After treacherously deceiving
other pirates, Avery and his men captiured the Great Mogul,
a large vessel, whose cargo was valued at 300,000Z. The pirates
divided the plunder and sailed for Boston. Here they lived
for awhile. Being unable to dispose of their diamonds, golden
vessels, etc., taken fi-om the Oriental ship, Avery and several
of his followers returned to England. He confided his secret to
certain Bristol dealers, who paid him a pittance for his riches,
promising more when the jewels were sold. These promises
were never kept, and Avery died on his native shores, hunted
and in actual want, while his king and his countrymen believed
him to be living in royal state in Madagascar as a Pirate King.
He and Captain Kidd were alone excluded from the benefits
of the King's Proclamation.

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